The Court of Appeal in Abuja has upheld an earlier judgment of the Federal High Court that prohibits the Directorate of Road Traffic Services, popularly known as VIO, from stopping, impounding, or confiscating vehicles on Nigerian roads, as well as imposing fines on motorists.
In a unanimous decision, the three-member appellate panel dismissed the appeal filed by the Directorate of Road Traffic Services.
Delivering the lead judgment, Justice Oyejoju Oyewumi ruled that the appeal lacked merit and awarded a cost of N1 million against the appellant in favour of the respondent, rights activist and public interest lawyer, Abubakar Marshal.
The verdict reinforces the earlier judgment by Justice Nkeonye Maha of the Federal High Court, who had declared that no existing law authorises the VIO to stop motorists, seize vehicles, or impose fines for any violations. That ruling stemmed from a fundamental rights enforcement suit filed by Marshal, who narrated how VIO officials stopped him by force in the Jabi area of Abuja on December 12, 2023, and took his vehicle without lawful grounds.
He urged the court to determine whether the actions of the officials were not “wrongful, oppressive, unlawful and a gross violation” of his rights. In affirming his position, Justice Maha restrained the VIO and its agents from impounding vehicles or issuing fines, describing such practices as illegal and oppressive.
The Court of Appeal’s latest decision solidifies the position that such enforcement actions by VIO officials have no legal backing.
What you should know
The ruling by the Court of Appeal reinforces a landmark Federal High Court decision declaring that the VIO lacks the legal authority to stop vehicles, confiscate them, or impose fines on motorists.
This development stems from a suit filed by rights advocate Abubakar Marshal, whose vehicle was seized without justification. Both courts found the VIO’s conduct unlawful, describing it as oppressive and a violation of fundamental rights.
With this affirmation, the Directorate of Road Traffic Services is barred from carrying out such enforcement actions, strengthening legal clarity around road traffic regulation in the Federal Capital Territory.
