The Directorate of Road Traffic Services (DRTS), popularly known as Vehicle Inspection Office (VIO), has suspended vehicle seizure and imposition of fines in Abuja following a recent court ruling that questioned the legality of its enforcement practices of the law.
This suspension follows an October 2 ruling by the Federal High Court in Abuja, which found that the VIO lacked the authority to stop vehicles or impose penalties on motorists.
In a telephone interview with PREMIUM TIMES on Saturday, acting DRTS spokesperson Funmi Oguntala confirmed that the agency has appealed the ruling, with a hearing scheduled for November 5.
“For now, the DRTS is only responsible for traffic control,” said Mrs Oguntala. “We will resume execution if the appeal is successful.”
The ruling arises from a lawsuit filed by human rights lawyer Abubakar Marshal, who argued that VIO's actions – including stopping vehicles, imposing fines and impounding cars – violated the constitutional rights of motorists.
Specifically, the case focused on the rights to freedom of movement and the presumption of innocence.
In her ruling, Judge Evelyn Maha agreed with Marshal and stated that the DRTS had no legal basis to stop or impound vehicles or impose fines on motorists.
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The court issued a restraining order preventing the VIO from continuing these practices, calling them “illegal” and “oppressive.”
PREMIUM TIMES reported that Mr Marshal's suit, filed under case number FHC/ABJ/CS/1695/2023, named as defendants the DRTS, its director and several officials, along with the Minister of the Federal Capital Territory .
The lawsuit claimed that the agency's actions were carried out without legal authorization and constituted a violation of fundamental human rights enshrined in the Nigerian constitution and the African Charter on Human and Peoples' Rights.
In addition to the restraining order, the court granted a perpetual injunction, effectively prohibiting the VIO and its agents from further impounding vehicles or imposing fines.
This ruling is part of a growing trend of judicial challenges to the powers of traffic enforcement agencies in Nigeria.
In a previous case, in March 2021, the Asaba Court of Appeal ruled that VIO in Delta State had exceeded its authority by requiring roadworthiness certificates from private vehicle owners.
The court condemned the aggressive tactics employed by traffic officers and warned that such practices undermine public confidence in law enforcement.
“The Vehicle Inspection Officers (VIO) exceeded the powers conferred upon them by the Act and the RTR by violently stopping the Respondent's private vehicle on a public road using threatening tactics and dangerous implements to demand a roadworthiness certificate for said vehicle. It is not mandatory to have.
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“This conduct sends the wrong signal to citizens who may adopt heavy-handed tactics as a means of resolving disputes,” Judge Joseph Ekanem said in handing down his sentence.
While the DRTS awaits its appeal, the future of traffic policing in Abuja remains uncertain.
Critics have long accused the agency of overreaching, alleging that officers routinely issue fines and impound vehicles without legal justification.