By Sandra Ugwu  

The Court of Appeal in Abuja has affirmed that the Vehicle Inspection Office (VIO) lacks the legal authority to seize vehicles or impose fines on motorists, upholding an earlier judgment of the Federal High Court.

The appellate ruling, delivered on Thursday, reinforces the decision that the Directorate of Road Services - commonly known as VIO, has no statutory powers to enforce traffic violations in the manner it has done across the country.

The case originated from a suit filed by human rights lawyer Abubakar Marshal of Falana & Falana Chambers, who challenged the actions of VIO officials after their alleged unlawful enforcement operations. The court awarded N1 million in damages to Marshal, a motorist in Abuja, for the violation of his fundamental rights.

In the earlier judgment delivered on October 2, 2024, in suit number FHC/ABJ/CS/1695/2023, Justice Nkeonye Evelyn Maha declared that VIO officials were acting outside the scope of their legal mandate. She ruled that no existing law empowers the VIO to stop vehicles, impound them, or issue penalties for supposed traffic offences.

The Court of Appeal has now upheld the ruling in full, stressing that 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 VIO, its officers, agents, and representatives from further infringing on motorists’ rights to freedom of movement, presumption of innocence, and ownership of property.

Justice Maha, however, clarified that the judgment does not affect the statutory responsibilities of the Federal Road Safety Corps (FRSC), which remains the nation’s principal traffic regulation and enforcement agency.

The ruling marks a significant shift in Nigeria’s road traffic enforcement landscape, offering relief to millions of motorists often subjected to aggressive and controversial VIO operations.