Appeal Court blocks VIO from stopping, impounding vehicles

The Court of Appeal in Abuja has upheld an October 4, 2024, Federal High Court ruling that bars the Vehicle Inspection Office (VIO) from stopping vehicles, impounding them, seizing them, or imposing fines on motorists.

In a judgment delivered on Thursday, a three-member appellate panel dismissed the appeal filed by the Directorate of Road Traffic Services (DRTS), affirming the lower court’s decision and striking a major blow to the agency’s enforcement powers.

Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal lacked merit and awarded a cost of N1 million against the appellant, in favour of the respondent, rights activist and public interest lawyer, Abubakar Marshal.

The ruling reinforces the earlier decision of the Federal High Court, Abuja, which had declared that the Directorate of Road Traffic Services—commonly known as the VIO—was not legally empowered to seize vehicles or impose fines on motorists.

Delivering judgment in suit FHC/ABJ/CS/1695/2023 on October 2, 2024, Justice Nkeonye Evelyn Maha held that the agency lacked statutory authority to stop vehicles, confiscate them, or impose sanctions on road users.

The case, instituted by Mr Marshal of Falana & Falana Chambers, significantly curtailed the powers of the road inspectorate and provided relief to millions of motorists nationwide.

Justice Maha clarified that the ruling does not apply to the Federal Road Safety Corps (FRSC), which remains Nigeria’s primary road traffic enforcement body.

She further issued a perpetual injunction restraining the VIO, its agents, privies, allies or anyone acting on its behalf from violating Nigerians’ rights to freedom of movement, presumption of innocence, and property ownership.