Appeal Court Affirms Ban On Vehicle Inspection Office From Enforcing Traffic Laws

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

The appellate court’s decision upholds 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 judgment delivered on October 2, 2024, in suit number FHC/ABJ/CS/1695/2023, held that the VIO was not empowered under any existing law to stop vehicles, seize them, or issue penalties for alleged traffic violations.

The judgment stemmed from a suit filed by rights lawyer Mr 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 VIO, its officers, agents and affiliates from further violating Nigerians’ rights to freedom of movement, presumption of innocence and property ownership without lawful justification.