In a landmark judgement, the Abuja Court of Appeal has affirmed that the Vehicle Inspection Office (VIO) acts beyond its powers when seizing vehicles or imposing fines, offering relief to motorists nationwide. The court also awarded N1 million in damages to Abuja motorist Abubakar Marshal, who challenged the agency’s enforcement practices.
The decision upholds a previous ruling by the Federal High Court, Abuja, which declared that VIO officers exceed their mandate under Nigerian law. Justice Nkeonye Evelyn Maha, delivering the judgement on October 2, 2024, held that VIO officers “are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists and/or impose fines.”
The case was filed by human rights lawyer Abubakar Marshal of Falana & Falana Chambers, who argued that VIO’s actions violated motorists’ rights to freedom of movement, presumption of innocence, and property ownership.
The appellate court also issued a perpetual injunction, restraining VIO, its officers, agents, and affiliates from further unlawful enforcement activities.
Justice Maha clarified that the ruling does not affect the Federal Road Safety Corps (FRSC), which remains Nigeria’s main road traffic enforcement agency.
The judgement significantly limits the powers of one of the country’s most feared traffic enforcement bodies, providing relief to motorists across Nigeria.
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