Court of Appeal in Abuja has confirmed a previous judgment that prevents Vehicle Inspection Office (VIO) from stopping motorists, seizing vehicles, or issuing fines.
Gatekeepers News reports that the original case, filed by human rights lawyer Marshal Abubakar, was decided last year by Justice Evelyn Maha, who ruled that the VIO operating under the supervision of the Minister of the Federal Capital Territory (FCT), lacks the legal authority to halt vehicles or penalise drivers.
A three-member panel of the appeal court on Thursday dismissed the VIO’s challenge, calling the appeal baseless. The panel upheld Justice Maha’s decision and criticised the directorate’s actions as oppressive and unlawful.
The court also issued a permanent order stopping the VIO and its officers from further infringing on motorists’ rights, including freedom of movement, property rights, and the presumption of innocence.
The appellate court stressed that only a court with proper jurisdiction can impose fines or sanctions. It noted that the respondents violated constitutional rights under Section 42 of the 1999 Constitution and Article 14 of the African Charter on Human and Peoples’ Rights.
It added that the VIO has no legal power to impound vehicles or levy penalties, saying such actions amounted to a denial of fair hearing and freedom of movement.
Marshal, represented by a legal team led by human rights lawyer and Senior Advocate of Nigeria (SAN) Femi Falana, had asked the court to award N500 million in damages and demand a public apology in three national newspapers. The court instead granted N2.5 million as compensation.
