Appeal Court Affirms Ruling on VIO: Judges Declare Vehicle Impoundment and Roadside Stops Unlawful

ABUJA — Appeal Court Affirms Ruling on VIO as the Court of Appeal in Abuja has upheld a landmark judgment restricting the powers of the Vehicle Inspection Office (VIO) from stopping motorists, impounding vehicles, or imposing fines. The decision, delivered by a three-member panel led by Justice Oyejoju Oyewumi, dismissed the appeal filed by the VIO for lacking merit and confirmed the lower court’s finding that the agency acted without lawful authority.

The appellate court also awarded a cost of ₦1 million against the VIO in favour of the respondent, legal practitioner Abubakar Marshal, who originally filed the suit challenging the agency’s actions. Through this decision, the Appeal Court solidifies the legal position that traffic enforcement must be guided strictly by statutory provisions.

Court of Appeal: Background and Legal Reasoning

Appeal Court Affirms Ruling on VIO by revisiting the events that triggered the legal battle. On December 12, 2023, VIO operatives reportedly stopped Marshal around the Jabi District of Abuja and seized his vehicle without providing a legal basis for the enforcement action. He promptly filed a suit at the Federal High Court marked FHC/ABJ/CS/1695/2023, questioning their authority.

Appeal Court Affirms Ruling on VIO as it reinforced the Federal High Court’s October 2, 2024 judgment by Justice Nkeonye Evelyn Maha, which stated that no existing legislation empowers the VIO to stop vehicles, confiscate them, or fine motorists. The court ruled that such actions were oppressive, unlawful, and unconstitutional, violating rights to freedom of movement, fair hearing, and property.

Appeal Court Affirms Ruling on VIO by maintaining the lower court’s perpetual injunction, barring the VIO, its officers, and representatives from further engaging in the contested enforcement practices. The judgment states clearly that only a competent court can impose penalties on motorists—not an administrative agency acting without explicit statutory mandate.

Court of Appeal: Implications for Motorists and Traffic Enforcement

Appeal Court Affirms Ruling on VIO with broad implications for motorists nationwide. The judgment restricts VIO’s operational powers and emphasizes that road enforcement authorities must stay within the boundaries of the law. This means the VIO cannot stop vehicles on highways or city roads, cannot impound vehicles, and cannot impose fines unless under a valid court order.

Appeal Court Affirms Ruling on VIO as a reinforcement of motorists’ rights, many of whom have long complained of harassment, arbitrary fines, and vehicle seizures by VIO officials. The ruling now serves as a protective barrier, ensuring that enforcement officers do not exceed their mandates.

Appeal Court Affirms Ruling on VIO as a binding precedent for similar disputes across Nigeria. With this affirmation, the Federal Road Safety Corps (FRSC) remains the primary agency empowered by law to conduct broad traffic enforcement. States relying on VIO operations may now be compelled to review their systems to align with constitutional and statutory provisions.