In a landmark ruling today, December 4, 2025, the Court of Appeal in Abuja has upheld a Federal High Court decision prohibiting the Vehicle Inspection Office (VIO)—officially the Directorate of Road Traffic Services (DRTS)—from stopping vehicles, impounding or confiscating them, or levying fines on Nigerian motorists. This decision reinforces protections for drivers’ rights and curtails what the courts have deemed as unlawful and oppressive enforcement practices by VIO officials.
Background of the Case
The appeal stemmed from a fundamental rights enforcement suit filed by Abubakar Marshal, an Abuja-based motorist represented by Falana & Falana Chambers. In October 2024, Justice Evelyn Maha of the Federal High Court, Abuja, ruled in Marshal’s favor, declaring that VIO lacks any statutory authority to halt vehicles, seize them, or impose penalties. The judge highlighted violations of constitutional rights under Sections 36 (fair hearing and presumption of innocence), 41 (freedom of movement), and 44 (right to own property) of the 1999 Constitution (as amended), as well as Articles 2, 7, 12, and 14 of the African Charter on Human and Peoples’ Rights.
Justice Maha issued:
• A perpetual injunction barring VIO, its agents, and affiliates from such actions.
• N1 million in damages to Marshal for the rights violations he suffered.
The DRTS appealed, but a three-member panel of the Court of Appeal—chaired by Justice Oludotun Adefope-Gboyega—dismissed it as unmeritorious. Delivering the judgment, Justice Yetunde Oyewumi resolved all issues against the appellants, stating: “This decision reinforces the protection of motorists’ rights and curtails arbitrary enforcement actions by VIO.”
Key Implications
• Relief for Motorists: The ruling applies nationwide and ends the widespread harassment reported by drivers, including arbitrary vehicle seizures over alleged traffic offenses. It explicitly does not affect the Federal Road Safety Corps (FRSC), which retains its mandate as Nigeria’s primary road safety enforcer.
• Legal Precedent: Courts emphasized that only competent judicial authorities can impose fines or sanctions for traffic breaches, not administrative bodies like VIO without explicit legal backing.
• Public Reaction: Rights groups and motorists have hailed the verdict as a victory against extortion and abuse of power on Nigerian roads. However, it raises questions about how traffic enforcement will be streamlined moving forward.
This affirmation builds on growing judicial scrutiny of overreach by traffic agencies, signaling a stronger emphasis on due process in law enforcement. For the latest updates, monitor official statements from the judiciary or FRSC