The Court of Appeal in Abuja has upheld an earlier Federal High Court judgment that bars Vehicle Inspection Officers (VIOs), officially known as the Directorate of Road Traffic Services (DRTS), from stopping motorists, impounding vehicles, or imposing fines on Nigerian roads. The ruling, delivered on December 4, 2025, reaffirmed that the agency lacks the statutory powers to carry out such enforcement actions and must desist from doing so.
A three-man appellate panel led by Justice Oyejoju Oyewumi dismissed the appeal filed by the DRTS, describing it as lacking merit. The court held that the arguments presented by the agency failed to establish any legal provision that authorizes VIO officials to seize vehicles or penalize drivers directly. With this decision, the initial judgment by the Federal High Court becomes fully binding and enforceable.
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The legal battle began after a public-interest lawyer, Abubakar Marshal, filed a fundamental rights enforcement suit marked FHC/ABJ/CS/1695/2023. He alleged that on December 12, 2023, he was unlawfully stopped by VIO officers in Abuja’s Jabi area, his vehicle confiscated, and his rights violated in the process. His suit challenged what he described as routine harassment of motorists under the guise of roadworthiness enforcement.
Delivering the earlier ruling on October 2, 2024, Justice Nkeonye Evelyn Maha declared that VIO officers acted outside their mandate by impounding vehicles and imposing fines without court authorization. She stated that no section of the law empowers the agency to take such punitive actions. The judgment further described the practices as oppressive, unlawful, and a breach of citizens’ rights to movement, property, and fair hearing.
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The Federal High Court subsequently issued a perpetual injunction restraining the DRTS and its agents from further stopping motorists for the purpose of seizure or fine imposition. While the plaintiff had sought ₦500 million in damages and a public apology, the court awarded ₦2.5 million as compensation for the unlawful treatment he received from the officers.
Despite the ruling, the DRTS proceeded to the Court of Appeal in an attempt to reverse the decision. However, the appellate court affirmed that enforcement agencies cannot assume judicial powers that have not been expressly granted by law. It maintained that only a court of competent jurisdiction can impose penalties or direct the confiscation of property such as vehicles.
In addition to upholding the earlier ruling, the Court of Appeal slammed a ₦1 million cost against the VIO, payable to the respondent. This, according to legal analysts, sends a strong message to government agencies that abuse of authority and disregard for constitutional rights will not be condoned by the judiciary.
The judgment has been widely described as a significant victory for motorists and civil-rights advocates across Nigeria. For years, many road users have complained that VIO officials arbitrarily stopped vehicles, extorted motorists, and issued fines without following due process. The court’s decision now provides strong legal backing against such practices.
This development is expected to reshape road traffic enforcement in the Federal Capital Territory and could influence similar cases across states where motorists have raised concerns about overreach by traffic officials. Observers argue that the ruling reinforces constitutional safeguards and clarifies the limits of administrative power in road traffic management.
With the appellate court’s final affirmation, motorists can now challenge any attempt by VIO officers to impound their vehicles or impose fines on the road. The ruling underscores that traffic enforcement must adhere strictly to the law, and where penalties are necessary, only a court may impose them after due process. This marks a significant step toward protecting the rights of Nigerian road users and promoting lawful traffic regulation practices.
