Appeal Court Declares VIO Operations Illegal Nationwide, Orders FCT to Pay Motorist N1m Damages
The Court of Appeal, Abuja Division, has affirmed the illegality of operations carried out by the Vehicle Inspection Office (VIO) across Nigeria, upholding an earlier judgment that barred the agency from stopping vehicles, impounding cars or imposing fines on motorists.
In its decision, the appellate court also awarded the sum of N1 million in costs to Abuja-based lawyer, Abubakar Marshal, who instituted the suit challenging the powers and conduct of the Vehicle Inspection Officers.
The case originated from a ruling delivered on October 2, 2024, by Justice Nkeonye Evelyn Maha of the Federal High Court, Abuja, in suit number FHC/ABJ/CS/1695/2023. In that landmark judgment, Justice Maha held that the Directorate of Road Services popularly known as VIO — long criticised by Nigerians for high-handedness — lacked any legal authority under Nigerian law to seize vehicles, arrest motorists, or impose fines for alleged road traffic violations.
Justice Maha declared that VIO personnel “are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and/or impose fine on motorists,” insisting that such powers were neither granted by the Constitution nor by any enabling legislation.
The court thereafter issued a perpetual injunction restraining the VIO, its agents, privies, associates, and any person acting on its behalf from further infringing on the constitutional rights of Nigerians, including freedom of movement, presumption of innocence, and the right to own property without lawful justification.
The judgment arose from a suit filed by rights activist and lawyer, Marshal of Falana & Falana Chambers, who approached the court to challenge what he described as the unlawful and oppressive activities of the VIO against motorists in the Federal Capital Territory and across the country.
Significantly, the court clarified that its ruling does not apply to the Federal Road Safety Corps (FRSC), which remains the only federal agency statutorily empowered to enforce road traffic regulations and penalties across Nigeria.
With the Appeal Court’s affirmation, the ruling effectively strips the VIO of enforcement powers that it has exercised for years and provides major relief for millions of Nigerian motorists who have long complained about harassment and illegal fines imposed by VIO officials.
