Appeal Court affirms judgment barring VIO from stopping, impounding vehicles

From Godwin Tsa, Abuja

The Abuja division of the Court of Appeal has affirmed the judgment of a Federal High Court barring the Directorate of Road Traffic Services (popularly called VIO) from stopping, impounding, or confiscating vehicles on the road and imposing fines on motorists.

A three-member panel of the appellate court, in a unanimous judgment, resolved all three issues raised in the appeal by the Directorate of Road Traffic Services.

Justice Oyejoju Oyebiola Oyewumi, who delivered the lead judgment, held that the appeal was without merit and awarded costs of ₦1 million against the appellant, in favour of the respondent, rights activist and public interest attorney, Abubakar Marshal.

The appellate court’s decision upheld the 4 October 2024 judgment of the Federal High Court, which had declared that the Directorate of Road Services (VIO) lacks the legal authority to confiscate vehicles or impose fines on motorists.

Justice Nkeonye Evelyn Maha, in her judgment 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, or confiscate 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.