Court of Appeal affirms VIO lacks power to impound vehicles, impose fine

The Abuja Division of the Court of Appeal, on Thursday, affirmed an earlier judgement of the lower court banning the Vehicle Inspection Office (VIO) from enforcing traffic laws, and awarded N1 million in damages to an Abuja motorist, Abubakar Marshal.

The appellate court’s decision upheld the ruling of the Federal High Court, Abuja, which had declared that the Directorate of Road Services (popularly known as VIO) lacks the legal authority to confiscate vehicles or impose fines on motorists.

Justice Nkeonye Evelyn Maha, in her judgement delivered on October 2, 2024, in suit number FHC/ABJ/CS/1695/2023, held that the Vehicle Inspection Office was not empowered under any existing law to stop vehicles, seize them, or issue penalties for alleged traffic violations.

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The judgement stemmed from a suit filed by human rights lawyer, Mr. Abubakar Marshal, of Falana & Falana Chambers, who challenged the widespread enforcement powers exercised by VIO officers. The ruling significantly limits the powers of one of the country’s most feared traffic enforcement bodies and offers relief to millions of motorists across Nigeria.

Justice Maha clarified that the order does not affect the operations of the Federal Road Safety Corps (FRSC), which remains Nigeria’s primary road traffic enforcement agency.

According to the court, VIO officers “are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and/or impose fines on motorists.”

The court also issued a perpetual injunction restraining the Vehicle Inspection Office, its officers, agents and affiliates from further violating Nigerians’ rights to freedom of movement, presumption of innocence and property ownership without lawful justification.