The Department of Road Traffic Services (DRTS), widely known as the Vehicle Inspection Officers (VIO), has suffered a significant legal setback in its attempt to reclaim the power to stop motorists, confiscate vehicles, and unilaterally impose fines. Following a judgment by the Court of Appeal, Abuja Division, which affirmed an earlier ruling restricting their enforcement capabilities, the VIO has announced its intention to take the case to the Supreme Court (S’Court).
The Core of the Legal Dispute
The legal challenge originated from a fundamental rights suit filed by a public interest lawyer, Abubakar Marshal, who contested the VIO’s authority after his vehicle was confiscated in the Federal Capital Territory (FCT).
The initial ruling by the Federal High Court, delivered in October 2024, held that:
Lack of Statutory Power: The VIO and DRTS have no law empowering them to stop, impound, confiscate, seize, or impose fines on motorists.
Constitutional Violation: Such actions are deemed oppressive and unlawful, violating citizens’ constitutional rights to fair hearing, freedom of movement, presumption of innocence, and the right to own property (Sections 6, 36, and 42 of the 1999 Constitution).
Judicial Role: The court asserted that only a court of competent jurisdiction has the power to impose sanctions or fines on motorists.
The Court of Appeal’s unanimous decision on December 5, 2025, dismissed the VIO’s appeal for lacking merit, effectively upholding the lower court’s severe restriction on the VIO’s field operations.
VIO’s Response: Lawlessness and Debt
The Acting Director of the DRTS, Deborah Osho, confirmed the decision to appeal to the Supreme Court, expressing deep concern over the immediate practical consequences of the judgment. She lamented the growing “lawlessness” in the FCT, arguing that the inability to strictly enforce traffic laws makes coordinated traffic management impossible.
The VIO chief revealed the challenge of non-compliance, stating that while they have shifted to issuing traffic tickets, offenders have amassed more than ₦409 million in unpaid fines. Without the power to impound or enforce immediate arrest, the agency lacks the leverage needed to compel compliance and payment, rendering their enforcement efforts largely ineffective.
The upcoming battle in the Supreme Court will focus on the constitutional balance between the state’s need for effective traffic regulation and a citizen’s fundamental rights against arbitrary seizure of property and denial of fair hearing. The final decision will redefine the powers of traffic enforcement agencies across Nigeria.
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