By Iyunade Grace
The Appeal Court has upheld a lower‑court ruling that bars the Vehicle Inspection Office (VIO) from stopping or impounding vehicles, a decision that could reshape how road enforcement works across Nigeria. The case dates back to a series of lawsuits filed by motorists who argued that VIO officers lacked the legal authority to pull them over for routine checks or to seize their cars without a warrant.
In the original judgment, the High Court ruled that the VIO’s powers are limited to issuing inspection certificates and that any attempt to stop a vehicle for reasons beyond that scope violates the constitution. The court ordered the agency to cease all impoundment activities until it could produce statutory backing for such actions. VIO appealed the decision, arguing that its mandate includes ensuring road safety and that stopping vehicles is a necessary part of that duty.
The Appeal Court, after reviewing the arguments, found no merit in VIO’s appeal. The judges affirmed that the agency’s enabling law does not grant it the power to stop or impound vehicles for general traffic enforcement. They emphasized that only the police and other law‑enforcement bodies with explicit statutory authority can carry out such stops, and that VIO’s role is purely advisory and certification‑based.
The ruling also highlighted that the VIO’s practice of setting up roadblocks and seizing vehicles without a court order amounts to an unlawful exercise of power. By confirming the lower‑court’s injunction, the appellate panel sent a clear message that any agency must operate strictly within the bounds of its legislative mandate, especially when it affects citizens’ mobility and property rights.
Legal experts say the decision could have far‑reaching consequences, potentially invalidating thousands of past impoundments and forcing the VIO to revamp its operations. Motorists, meanwhile, are hopeful that the judgment will curb arbitrary stops and reduce the financial burden of unlawful vehicle seizures. The VIO has indicated it will study the judgment and may seek further clarification or legislative amendment to broaden its enforcement powers.
For now, the Appeal Court’s affirmation stands as a significant check on the VIO’s authority, reinforcing the principle that road safety enforcement must be carried out by agencies with clear legal backing. The case underscores the importance of judicial oversight in protecting citizens’ rights against potential overreach by state bodies.
