In a landmark ruling, the Court of Appeal in Abuja on Thursday, December 4, 2025, reaffirmed that Vehicle Inspection Officers (VIOs) and the Directorate of Road Traffic Services (DRTS) have no legal authority to stop motorists, impound vehicles, or impose fines. The decision marks a significant victory for motorists and underscores the protection of citizens’ constitutional rights against unlawful administrative actions.
The unanimous verdict by a three-member panel dismissed an appeal filed by the VIO, which sought to overturn the Federal High Court’s judgment delivered on October 16, 2024. Justice Oyejoju Oyewumi, delivering the lead judgment, stated that there was no legal basis to nullify the lower court’s decision restraining VIO officials from harassing motorists.
The case stems from a fundamental rights suit filed by public interest lawyer Abubakar Marshal, who alleged that on December 12, 2023, VIO operatives forcibly stopped him at Jabi District in Abuja and unlawfully confiscated his vehicle. Marshal described the act as oppressive and in blatant violation of his constitutional rights.
Justice Nkeonye Maha of the Federal High Court had earlier ruled that no statutory law empowers VIO operatives to stop, impound, or confiscate vehicles, or to impose fines on road users. The judge granted a perpetual injunction restraining the DRTS, its officials, and Agents from engaging in such acts, emphasizing that only a court of competent jurisdiction can legally impose sanctions or fines on motorists.
The court held that the actions of the respondents violated several fundamental rights guaranteed under Nigerian law, including freedom of movement, the presumption of innocence, and the right to own property as protected by Section 42 of the 1999 Constitution (as amended) and Article 14 of the African Charter on Human and Peoples’ Rights.
In her ruling, Justice Maha explained that the respondents’ actions breached Sections 6(6)(b), 36(1), 36(8), 36(12), 41, and 42 of the Constitution and Articles 2, 7(3), 12, and 14 of the African Charter. The court noted that such arbitrary conduct by the VIO not only violated motorists’ rights to fair hearing but also undermined the rule of law.
Marshal, represented by a legal team led by renowned human rights lawyer Femi Falana (SAN), had initially demanded N500 million in general and aggravated damages, alongside a public apology to be published in three national newspapers. The court, however, awarded N2.5 million in damages.
The respondents included the DRTS, its Director, Abuja Area Commander Mr. Leo, team leader Mr. Solomon Onoja, and the Minister of the Federal Capital Territory. Following the dismissal of their appeal, the lower court’s ruling stands as a definitive precedent, reaffirming that VIO operatives cannot act beyond their statutory powers.
The ruling is being hailed as a major win for motorists’ rights and civil liberties in Nigeria, sending a strong message against arbitrary enforcement by regulatory agencies.
