The Directorate of Road Traffic Services (DRTS), commonly known as the Vehicle Inspection Office (VIO), has filed an appeal against a recent court order that significantly curtailed its operations. The hearing for this appeal is scheduled for November 5.
On October 2, the Federal High Court in Abuja issued a judgment that stripped the VIO of its authority to stop vehicles or impose penalties on motorists. This ruling came in response to a lawsuit filed by human rights lawyer Abubakar Marshal, who argued that the VIO’s actions – including stopping vehicles, issuing fines, and impounding cars – were in violation of motorists’ constitutional rights.
The court’s decision went beyond a simple restraining order. It granted a perpetual injunction that effectively bars the VIO and its agents from impounding vehicles or imposing fines in the future. The case primarily focused on the rights to freedom of movement and the presumption of innocence.
Marshal’s lawsuit contended that the agency’s actions were executed without lawful authority and constituted a violation of fundamental human rights as enshrined in Nigeria’s constitution and the African Charter on Human and Peoples’ Rights.
In light of this ruling, the VIO’s operations have been significantly restricted. Funmi Oguntala, the acting spokesperson for the DRTS, told Premium Times that the agency is currently “only handling traffic control.” Oguntala added that they would “resume enforcement if the appeal is successful.”
The outcome of this appeal could have far-reaching implications for road safety enforcement in Nigeria. If upheld, the ruling could require a fundamental restructuring of how vehicle inspections and traffic violations are handled in the country.
As the November 5 hearing approaches, both motorists and legal observers will be watching closely to see how the court balances the need for road safety measures against constitutional protections for individual rights.
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