Court of Appeal Bans VIO From Stopping or Impounding Vehicles Nationwide

In a judgment that will reshape road enforcement practices across Nigeria, the Court of Appeal in Abuja on December 4, 2025 delivered a unanimous and emphatic ruling.

Also Read: Lawyers insights as Lagos dismisses limitations on the VIO

This ruling declares that the Vehicle Inspection Office (VIO), formally under the Directorate of Road Traffic Services (DRTS), has no legal power to stop vehicles on the road, impound cars, confiscate documents, or impose fines on motorists.

In the Court’s own words, the VIO’s appeal contained “no iota of merit.”

The ruling upholds and affirms an earlier decision by the Federal High Court, Abuja, delivered in Suit No. FHC/ABJ/CS/1695/2023, which declared VIO’s actions “wrongful, oppressive, and unlawful.”

The Court of Appeal not only dismissed VIO’s appeal, it went further to issue a perpetual injunction, permanently restraining VIO, DRTS, their officers, agents, and proxies from:

• stopping vehicles on highways or roads,
• seizing or impounding vehicles,
• confiscating driver documents,
• imposing fines or penalties on motorists,
• or harassing road users under any enforcement-based pretext.

This is one of the most significant road-rights judgments in Nigeria’s recent history, and RoadKing.ng breaks it down in full detail below.

THE BACKGROUND — HOW THIS CASE STARTED

For years, Nigerian motorists have complained about the conduct of VIO officials, especially in the FCT and several states, where officers routinely:

• stop vehicles during peak traffic,
• demand to see documents,
• confiscate licences,
• tow vehicles to their premises,
• impose instant fines,
• and in some cases, extort motorists under intimidation.

These actions were so widespread that many Nigerians assumed VIO had legal powers similar to FRSC or the Police.

But a group of motorists challenged this assumption in court after repeated harassment and vehicle impoundments in Abuja. Their position was simple:

Show the law that empowers VIO to impound, arrest, or fine.

When the case was filed in the Federal High Court in 2023, VIO could not provide any statute, whether federal or FCT-based, granting them such enforcement authority.

The Federal High Court agreed and declared their actions unlawful. VIO appealed. And now, the Court of Appeal has shut the door permanently.

COURT OF APPEAL: “NO IOTA OF MERIT” IN THE VIO APPEAL

The three-man panel of the Court of Appeal did not mince words.

They found:

• VIO has no statutory authority to stop vehicles for enforcement.
• No Nigerian law empowers VIO to seize or impound vehicles.
• No law allows VIO to impose fines, penalties, or charges on motorists.
• All past impoundments, confiscations, and fines were illegal.
• Motorists’ fundamental rights were violated by these actions.

In its ruling, the Court upheld every finding of the Federal High Court, stating that VIO’s conduct amounted to overreach, oppression, and unlawful interference with the rights of citizens to movement and property.

The perpetual injunction means VIO is permanently banned from enforcement-related activities unless the National Assembly or State Assemblies pass new laws granting such powers and even that would require constitutional consistency.

WHAT VIO CAN NO LONGER DO — THE KEY TAKEAWAYS

The Court’s decision is sweeping and leaves no ambiguity.

1. VIO cannot stop motorists on the road: Officers have no authority to wave down vehicles, block roads, or interrupt traffic flow for the purpose of inspection or enforcement.

2. VIO cannot impound or confiscate vehicles: Any attempt to tow, seize, or detain a vehicle is illegal and unconstitutional.

3. VIO cannot impose fines or demand payment: VIO fines, penalties, “default charges,” or document seizure are now null and void.

 4. VIO cannot seize licences, papers, or number plates: They have no legal basis to hold onto a driver’s property.

5. Any attempt to enforce compliance is now oppression and a rights violation: Motorists can sue VIO for damages if such actions continue.

WHAT VIO CAN STILL DO — A CRITICAL CLARIFICATION

The Court did not abolish VIO as an agency.

Instead, it clarified its true lawful role:

✔️ Vehicle inspection at fixed centres

✔️ Issuing roadworthiness certificates

✔️ Conducting technical assessments

✔️ Providing advisory safety functions

✔️ Government fleet inspections

✔️ Vehicle database management

These activities must take place at VIO offices or approved centres, NOT by stopping motorists on the road.

WHY THIS JUDGMENT MATTERS FOR NIGERIAN ROAD USERS

1. It Ends Roadside Harassment

Motorists have long complained about intimidation and extortion. This ruling formally outlaws such practices.

2. It Defines Clear Enforcement Boundaries

Nigeria has multiple road-enforcement agencies. This judgment reduces duplication, confusion, and conflict.

3. It Strengthens Rule of Law on Nigerian Roads

No agency can invent powers or function outside statutory authority.

4. Motorists Gain Legal Protection

Any future harassment is now a violation of a Court of Appeal judgment, which carries serious penalties.

5. It May Reduce Traffic Congestion

VIO checkpoints have been known to cause severe traffic jams in cities like Abuja, Lagos, and Portharcourt.

WHAT CHANGES FOR THE AVERAGE MOTORIST?

✔️ No more VIO roadside checkpoints: You cannot legally be stopped by VIO while driving.

✔️ No more instant fines or threats: All monetary penalties imposed by VIO are now unlawful.

✔️ No more vehicle seizure: Your car cannot be impounded by VIO, not for papers, tint, tyres, emissions, or roadworthiness.

✔️ You may refuse VIO inspection on the road

Politely tell the officer:

“I am aware of the Court of Appeal judgment prohibiting VIO from roadside enforcement.”

✔️ You may record interactions: As long as you do not obstruct, recording is lawful and protects your rights.

WHAT MOTORISTS SHOULD DO IF VIO ATTEMPTS ILLEGAL ENFORCEMENT

RoadKing.ng recommends the following steps:

1. Stay calm, do not argue aggressively

2. Ask for the officer’s name and ID

3. Record the interaction on your phone

4. Politely state that the Court of Appeal has barred them from enforcement

5. Refuse to hand over keys or documents

6. If threatened, call:

• Police emergency lines
• FRSC
• Your lawyer

7. File a formal complaint: You have strong legal grounds for civil litigation.

LEGAL AND POLICY IMPLICATIONS — THE BIGGER PICTURE

This judgment is more than a conflict between motorists and VIO. It touches deeper issues:

1. Separation of Powers

Agencies cannot assume powers not granted by law.

2. Federal vs State Enforcement Overlap

The judgment will force states to re-examine VIO roles.

3. Clearer division between FRSC, Police, and VIO

Only FRSC and the Police retain recognized enforcement authority.

4. Increased legal risk for officers who defy the ruling

Contempt of court charges could follow.

WHAT COULD HAPPEN NEXT? (ROADKING ANALYSIS)

⚠️ Scenario 1: VIO Compliance

Some states may immediately issue circulars instructing VIO officers to stop roadside enforcement.

⚠️ Scenario 2: Resistance and Defiance

Some officers may continue old habits, especially in states with weak governance.

⚠️ Scenario 3: Attempted Legislative Amendments

States may try to pass laws granting VIO limited enforcement powers but these could face constitutional challenges.

⚠️ Scenario 4: Increased Traffic Enforcement Burden on FRSC & Police

Expect more pressure on already stretched agencies.

ROADKING VERDICT

This ruling is a victory for motorists, a victory for the rule of law, and a reset button for Nigeria’s chaotic multi-agency road enforcement system.

For decades, Nigerians have endured:

• roadside intimidation,
• extortion disguised as inspection,
• unjust vehicle seizures,
• and multi-agency confusion.

The Court of Appeal has finally drawn a clear red line.

VIO is an inspection agency, NOT an enforcement agency.

Their era of roadside power is over.

But the success of this judgment depends on awareness.

Motorists must know their rights.

Agencies must respect the law.

And states must create a safer, more organized road-management framework.

RoadKing.ng will continue monitoring compliance across Nigeria and reporting any violations.