In a decisive victory for Nigerian motorists, the Court of Appeal in Abuja has firmly upheld a ruling that prohibits Vehicle Inspection Officers from stopping drivers, imposing fines, or confiscating vehicles. This judgment reinforces the constitutional rights of road users and curtails what the courts have deemed unlawful harassment.
Landmark Ruling Affirmed by Appellate Court
On Thursday, December 4, 2025, a three-member panel of the Court of Appeal delivered a unanimous decision, dismissing an appeal filed by the Directorate of Road Traffic Services. The panel, led by Justice Oyejoju Oyewumi, found no merit in the appeal, thereby affirming the earlier judgment of the Federal High Court delivered on October 16, 2024.
The appellate court's decision solidifies a major legal precedent: only a court of competent jurisdiction has the power to sanction or fine motorists. This strips VIO officials of the long-assumed authority to directly penalize drivers on the road.
The Case That Sparked the Legal Battle
The legal challenge originated from a fundamental rights suit filed by public interest lawyer, Abubakar Marshal. Marshal recounted to the court how on December 12, 2023, VIO operatives forcefully stopped him in the Jabi District of Abuja and confiscated his vehicle without lawful justification.
Represented by a legal team led by renowned Senior Advocate of Nigeria, Femi Falana, Marshal argued that the actions of the VIO were wrongful, oppressive, and a gross violation of his fundamental rights. He sought a declaration to that effect, along with damages and an injunction.
In her groundbreaking ruling, Justice Nkeonye Maha of the Federal High Court granted the reliefs. She declared that no law empowered VIO officials to stop, impound, or fine motorists. The court issued a perpetual injunction restraining the DRTS, its agents, and assigns from such actions, describing them as unlawful and oppressive.
Constitutional Rights Upheld and Damages Awarded
The court meticulously outlined the specific constitutional and charter rights breached by the VIO's actions. These include the right to fair hearing, freedom of movement, the presumption of innocence, and the right to own property as enshrined in Sections 36, 41, and 42 of the 1999 Constitution and relevant articles of the African Charter on Human and Peoples' Rights.
While the applicant sought N500 million in damages, the court awarded N2.5 million in damages to Abubakar Marshal for the violation of his rights. The respondents in the case included the DRTS, its Director, the Abuja Area Commander (Mr. Leo), the team leader (Mr. Solomon Onoja), and the Minister of the Federal Capital Territory.
The dismissal of the appeal by the Court of Appeal makes the Federal High Court's injunction perpetual and binding, setting a powerful legal standard against the arbitrary exercise of power by traffic officials on Nigerian roads, particularly within the Federal Capital Territory.
