Appeal Court Upholds Ban on VIO Stopping, Impounding Vehicles

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The Court of Appeal in Abuja has upheld a Federal High Court ruling that bars the Directorate of Road Traffic Services (DRTS), popularly known as the Vehicle Inspection Office (VIO), from stopping, impounding, or confiscating vehicles and imposing fines on motorists.

The judgment, delivered on Thursday, marks a landmark victory for drivers’ rights and includes an award of ₦1 million in costs against the agency.

In a unanimous decision, a three-member panel led by Justice Oyejoju Oyebiola Oyewumi dismissed the DRTS’s appeal as lacking merit. The court affirmed Justice Evelyn Maha’s October 4, 2024 ruling in a fundamental rights suit filed by rights activist and lawyer Abubakar Marshal of Falana & Falana’s Chambers.

Oyewumi declared: “I find no iota of merit in this appeal; the decision of the lower court is hereby affirmed.” She noted that the VIO’s actions violated constitutional guarantees of freedom of movement, presumption of innocence, and property rights under Sections 35, 41, and 42 of the Nigerian Constitution.

The original suit had challenged the VIO, operating under the control of the FCT Minister, as lacking statutory authority to enforce such measures, describing its practices as “wrongful, oppressive, and unlawful.” Justice Maha had issued a perpetual injunction restraining the DRTS and its agents from further violations, clarifying that the Federal Road Safety Corps (FRSC) remains Nigeria’s primary traffic enforcement body.

While the ruling applies specifically to the Federal Capital Territory, it sets a precedent for similar challenges across the country. Motorists have expressed relief, citing years of aggressive VIO tactics that generated millions in fines annually — including ₦33.2 million in Kano alone.

The DRTS, which filed its appeal in October 2024, claims it has since suspended operations in Abuja pending the outcome.

Marshal welcomed the affirmation as protection for “millions of Nigerians tired of harassment,” urging nationwide enforcement of the ruling. The FCT Administration and Transport Ministry have yet to comment, but analysts predict the decision could prompt legislative reviews of VIO powers amid ongoing debates over road safety and civil liberties.

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