Appeal Court Declares VIO Illegal, Awards ₦1m to Abuja Motorist

Appeal Court Declares VIO Illegal, Awards ₦1m to Abuja Motorist

The Court of Appeal in Abuja has affirmed a landmark judgment declaring the Vehicle Inspection Office (VIO), formally known as the Directorate of Road Traffic Services, without legal authority to stop or impound vehicles or impose fines on motorists across Nigeria.

In its ruling, the appellate court upheld the earlier judgment of the Federal High Court, which found that the agency had been operating outside its statutory mandate.

The case was instituted by Abuja-based rights lawyer Abubakar Marshal of Falana & Falana Chambers, who challenged the legality of VIO operations and their frequent confiscation of vehicles.

Delivering judgment in the originating suit (FHC/ABJ/CS/1695/2023) on October 2, 2024, Justice Nkeonye Evelyn Maha held that VIO officers lacked any constitutional or statutory powers to carry out enforcement actions against motorists.

According to the judge, the VIO “is not empowered by any law or statute to stop, impound or confiscate the vehicles of motorists or impose fines on them,” noting that its continued enforcement activities amounted to an infringement of citizens’ rights, including freedom of movement and the presumption of innocence.

Justice Maha subsequently issued a perpetual injunction restraining the VIO, its agents, privies and affiliates from further interfering with motorists’ rights without lawful justification. The court also awarded Marshal ₦1 million in costs.

The ruling does not affect the Federal Road Safety Corps (FRSC), which remains the primary and legally recognised national road safety and traffic enforcement agency.

The decision is expected to provide significant relief to motorists nationwide, many of whom had long complained about alleged harassment and arbitrary penalties by VIO officials.

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