A decisive ruling from Nigeria's Court of Appeal has delivered a powerful blow against the overreach of traffic enforcement agencies, specifically targeting the controversial operations of the Vehicle Inspection Office (VIO). The judgment, which restricts the VIO's functions, is being hailed as a landmark victory for the rule of law and the rights of ordinary motorists against systemic harassment.
The Landmark Ruling and Its Origins
The case that led to this pivotal decision began on December 12, 2023, when public interest lawyer Mr. Abubakar Marshall had his Honda car forcefully impounded by VIO officials in the Jabi District of Abuja. Marshall challenged this action in court, arguing it violated his constitutional rights to freedom of movement, presumption of innocence, and fair hearing.
On October 2, 2024, Justice Nkeonye Evelyn Maha of the Federal High Court in Abuja ruled in his favour. The judge found no law empowering the VIO to stop, impound, or fine motorists on the road. The VIO, along with other officials, appealed this decision.
In a unanimous decision, a three-member panel of the Court of Appeal in Abuja has now comprehensively dismissed that appeal. Justice Oyejoju Oyebiola Oyewumi, delivering the lead judgment, affirmed that the VIO lacks any legal authority for such actions, which constitute a breach of fundamental rights.
Consequences and Nationwide Implications
The appellate court not only upheld the Federal High Court's ruling but also imposed an additional cost of N1 million against the appellants, on top of the N2.5 million earlier awarded. The court issued a perpetual injunction restraining the VIO and its agents from these unlawful practices.
This judgment has nationwide force. Contrary to claims by the Lagos State Government, the rulings of both the Federal High Court and the Court of Appeal are binding across all states of the Federation, including Lagos. The courts are single, national entities under the Constitution, and their decisions apply universally.
A Call for Systemic Reform and an End to Abuse
This ruling exposes a deeper crisis within Nigerian traffic regulation. For years, the VIO has been accused of harassment, intimidation, and extortion. Public memory is scarred by incidents like vehicles catching fire in VIO custody, including a widely reported case involving a painter's car and another where a vehicle was burnt over a cracked windscreen.
The judgment highlights the chaotic duplication of roles between the VIO, the Federal Road Safety Corps (FRSC), and state traffic agencies, which often leads to abuse. It echoes past public welcomes, such as when former Lagos Governor Akinwunmi Ambode ordered VIO officials off Lagos roads.
The time for decisive reform is now. State governments must immediately rein in their VIOs. Traffic management must be entrusted to properly trained, legally empowered agencies that prioritize safety over extortion. Any officer found abusing authority must face sanctions.
While road safety remains paramount, enforcement must be lawful. This judgment offers Nigeria a crucial opportunity to reclaim its roads from arbitrariness and fear, reaffirming that no agency is above the law and that citizens deserve to move freely without harassment.
