Judges say VIO acted outside its lawful mandate; fundamental rights ruling stands
The Court of Appeal in Abuja on Thursday upheld a landmark judgment of the Federal High Court which barred the Directorate of Road Traffic Services (DRTS) popularly known as the Vehicle Inspection Office (VIO), from stopping vehicles, impounding them, or imposing fines on motorists.
Justice Oyejoju Oyeyemi Oyewumi, who delivered the appellate judgment, affirmed the lower court’s decision and ruled that the VIO had acted outside the powers granted to it by law.
The fresh ruling comes months after the trial court, presided over by Justice Evelyn Maha, held that the DRTS had repeatedly operated beyond its statutory mandate. The case was triggered by a fundamental rights enforcement lawsuit filed by human rights activist and public interest lawyer Abubakar Marshal.
Appeal Court Dismisses VIO’s Challenge
Unhappy with the Federal High Court’s verdict, the VIO and other respondents took the matter to the Court of Appeal. But the appellate panel, made up of three justices, unanimously dismissed the appeal.
Justice Oyewumi ruled that the appellants failed to establish any legal basis to overturn the lower court’s judgment. She described the appeal as lacking merit and ordered the DRTS to pay N1 million in costs to Marshal.
How the Case Began
Marshal had approached the Federal High Court alleging that VIO officials routinely stopped vehicles on the road, seized them, and issued fines, actions he argued were not backed by any valid law. He listed several officials as respondents, including the Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT).
After reviewing the evidence, Justice Maha agreed with Marshal, ruling that the VIO and other respondents were not empowered under any existing statute to stop vehicles or apply penalties. She described their conduct as unlawful, oppressive and a violation of motorists’ fundamental rights.
Her ruling declared that the respondents had infringed on key rights, including:
- the right to freedom of movement,
- the presumption of innocence, and
- the right to own property without illegal interference.
Justice Maha then issued a perpetual injunction restraining the VIO and all listed respondents from continuing such practices. She warned that any further attempts to stop, seize, or penalise motorists without proper legal authority would amount to a fresh violation of citizens’ rights.
Implications
The decision significantly narrows the enforcement powers of road traffic agencies, particularly within the Federal Capital Territory. It also reinforces the legal protections available to motorists against arbitrary arrest, vehicle confiscations, and roadside fines.
With the Court of Appeal now upholding Justice Maha’s ruling in full, the restrictions placed on the VIO’s activities have been cemented as binding law—setting an important precedent in the wider debate over the scope of authority granted to traffic enforcement bodies in Nigeria.
