A Call on Governor Sheriff Oborevwori to Stop VIOs, From Violating Rights of Road Users in Delta State
According to her, the young men with a terrifying looks jumped on the front of her car forcing he to apply brakes more vigorously. She stopped and introduced herself, after which, they demanded for vehicle particulars, after they inspected the vehicle, she handed over to them the paticulars.
They seized her drivers license and impounded the car that she has committed an offense that her roadwordiness certificate had expired and for that, the vehicle, (Private vehicle) must be taken to their office.
They held on the vehicle and the paticulars of the said car till some good Nigerians intervened explaining officers to let the go rather than forcing her to their office for no valid offence.
The officers were insisting that she has committed an offense, that, her roadwordiness had expired since on the 10th of April 2024. Even when she explained that the car used privately and the last time she renewed her particular they charged her for road wordiness even when it was widely publicized that there was no need for roadwordiness for private vehicles.
The vehicle was only released when they sensed that trouble was coming their way upon intervention by some Comrades.
When the Warri head of VIO, one Engineer Blessing was contacted he said the vehicle owner committed an offense by driving with expired roadworthiness.
What Delta state vio officers are failing to realize is that; sending all sorts of unschooled miscreants (casual individuals, untrained and undocumented uniform men) to the road to haras road users is demeaning to the state. Vehicles should be inspected in their worships not road, engineers have no business doing stop and search on the road.
It could be recalled that, in 2022, the National Welfare Secretary, Nigerian Bar Association, NBA, Olukunle Edun, said "It is an infringement on the constitutional rights to liberty of movement for Vehicle Inspection Officers, VIOs, to stop drivers of both commercial and private vehicles because of vehicle particulars"
Both the High Court of Delta State and the Court of Appeal were also emphatic that VIOs have no right to stop any vehicle (including commercial vehicles) on the roads, as doing so amounts to infraction of the driver’s constitutional right to freedom of movement.
“There is no law that authorizes VIOs to be on the roads to do their business. They are not security men. Do we now say that every enforcing department of government must be on the roads to do their jobs?
“Their works are to be done at their offices or workshops when vehicles are brought to them for inspection.
“The VIOs now spend most of their work time on the roads setting up roadblocks and constituting a nuisance.
“The regularity of VIOs on public roads is illegal and any person who is stopped by them just to ask for any documentation has the right to seek redress in court.
“I recall that when the Court of Appeal and the High Court passed the concurring judgments, the NBA branches in Delta State obtained copies of the judgments and gave copies to the lawyers in their branches. The Midwest Bar Forum did the same thing.
“The reason why there is law is to enable us to conduct our affairs within known and accepted boundaries, and to also curtail the excesses of government and its officials so that they don’t trample on the rights of Nigerians.
The office of the Attorney General of Delta State also advised the VIO units to comply with the judgment. Radio stations in Warri and Ughelli publicized it. The judgment is on the internet.
“This is why currently, the government or any of its departments in Delta State cannot prosecute any person purportedly on the ground of non-possession of road-worthiness certificates for their vehicles.
“Motorists that are being harassed by the VIOs may be ignorant of the decisions of the courts and should seek legal advice from their lawyers. Sadly, some of the VIOs are on the roads only to extort money from motorists.
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