The Court of Appeal in Abuja today delivered a significant ruling that restricts the powers of the Directorate of Road Traffic Services (DRTS) and Vehicle Inspection Officers (VIOs), affirming they lack the authority to stop motorists, impound vehicles, or impose fines.
In a unanimous decision, the three-member panel dismissed the appeal lodged by the VIO, stating it lacked merit. The ruling upholds the judgment of the Federal High Court delivered on October 16, 2024, which declared the actions of VIO officials—such as arbitrary stops and vehicle seizures—as unlawful and oppressive.
The Court of Appeal, in the lead judgment delivered by Justice Oyejoju Oyewumi, confirmed the Federal High Court’s position that no law empowers VIO officials to impound, confiscate, seize, or impose fines on road users.
The judgment reinforces Nigerians’ constitutional rights to freedom of movement, presumption of innocence, and the right to own property.
The court maintained that only a court of competent jurisdiction can impose sanctions or fines on motorists for traffic offenses.
The legal challenge originated from a fundamental rights suit filed by public interest lawyer, Abubakar Marshal, who was forcefully stopped and had his vehicle confiscated by VIO operatives in Jabi District on December 12, 2023. While Marshal, represented by a legal team led by Femi Falana (SAN), had sought N500 million in damages, the Federal High Court awarded N2.5 million against the respondents, which included the DRTS and the Minister of the FCT.
Justice Nkeonye Maha of the Federal High Court had previously issued a perpetual injunction restraining the DRTS and its agents from engaging in these oppressive actions, stressing that they violated multiple sections of the 1999 Constitution (as amended) and the African Charter on Human and Peoples’ Rights.
The dismissal of the VIO’s appeal today effectively seals the decision, providing major relief and legal clarity for motorists across the FCT.
