Witness narrates how Ex-HoS, allies diverted public funds to private companies in court
Court declares VIO illegal, restrains operatives from harassing road users
By Ibrahim Adeleke
A Federal High Court sitting in Enugu has, on Thursday, declared the operations of Vehicle Inspection Officers (VIOs) in the State as illegal.
The judgment was made by Hon. Justice Egumgbe in a fundamental rights suit instituted by Barr. John Nwobodo against the Permanent Secretary, Ministry of Transport, and three vehicle inspection officers namely; Mr. H. Onu, Mr. Okeh and Mr. K. E. Odoh.
The applicant had sought general and exemplary damages in the sum of N50 million.
Justice Egumgbe granted the applicant’s six reliefs which included a pronouncement that VIOs have no legal authority to be on the public highway of Enugu State in the guise of enforcing Vehicle License, Driver’s License, Insurance Certificate, Roadworthiness Certificate or any other vehicle particulars for that matter in the absence of any enabling law.
Other reliefs are “an order enforcing the applicant’s fundamental right to freedom of movement and ownership and possession of moveable property as guaranteed under sections 41(1) and 44(1)(a) of the Constitution of the Federal Republic of Nigeria 1999(as amended). A Declaration that the impoundment of the applicant’s motor vehicle without an enabling law establishing Vehicle Inspection Officers or authorizing Vehicle Inspection Officers to enforce the Road Traffic Law, cap. 137, Volume V, Revised Laws of Enugu State 2004 is illegal, unlawful and constituted an infringement of the Applicant’s right to freedom of movement and ownership and possession of moveable property. An order of perpetual injunction restraining the Vehicle Inspection Officers from being on the public highway of Enugu State in relation to enforcement of motor vehicle particulars under the Road Traffic Law, cap. 137, Volume V, Revised Laws of Enugu State 2004.
“An order directing the Respondents to repair or replace with quality spare parts the damaged rear traffic indicator, front wheel but and rear mirror or pay the sum of N100,000.00 instead.
“A Declaration that the Respondents jointly and severally are liable to pay damages for breach of the fundamental rights of the Applicant. An order for general and exemplary damages in the sum of N400,000.00 (Four Hundred Thousand Naira) against the Respondents jointly and severally and in favour of the Applicant for infringement of his fundamental right to freedom of movement and ownership of moveable property.”
This recent judgment further lends credence to the ruling of an Appellate court in Asaba, Delta State which declared that VIO has no legal right to inspect vehicle road worthiness.
The ruling was consequent upon a lawsuit filed by the former Publicity Secretary of the Nigerian Bar Association, Mr Kunle Edun against VIO for unlawfully stopping me to enforce inspection on his vehicle.
