Appeal Court affirms VIO has no power to seize vehicles or fine motorists

The Court of Appeal in Abuja has reaffirmed that Vehicle Inspection Officers (VIO) and the Directorate of Road Traffic Services lack the legal authority to confiscate vehicles or impose fines on motorists.

In its latest judgment, the appellate court upheld the October 16, 2024 ruling of the Federal High Court, which had declared the actions of VIO officials unlawful. The appeal filed by the VIO was dismissed as unfounded.

The legal battle began after a motorist challenged the conduct of VIO personnel who stopped him in Abuja’s Jabi District and seized his vehicle without backing of law.

Justice Nkeonye Maha of the Federal High Court had earlier held that VIO officials have no statutory power to arrest, detain, seize vehicles, or impose penalties on drivers. She emphasized that only a competent court can fine any motorist found guilty of an offence.

The judgment also reinforced motorists’ constitutional protections — including freedom of movement, presumption of innocence, and right to property — citing the 1999 Constitution and the African Charter on Human and Peoples’ Rights.

Though the applicant requested N500 million in compensation and a public apology, the court awarded N2.5 million in damages.

Respondents in the suit included the Directorate of Road Traffic Services, its Abuja Area Commander, a team leader, and the Minister of the Federal Capital Territory. Their appeal against the ruling was rejected by the Court of Appeal, making the decision binding.

With this ruling, VIO officials are now expressly barred from seizing vehicles or issuing fines without due legal process.