The attention of the public and Imo State Ministry of Transport has been drawn to a recent Federal High Court judgment, as well as the subsequent Appeal Court verdict in Abuja, which restrains the Directorate of Vehicle Inspection Services (VIO) in the Federal Capital Territory from stopping vehicles on the road, impounding or confiscating vehicles, and imposing fines on traffic offenders.
Following these decisions, the Ministry has received numerous calls and inquiries seeking clarification on whether the judgment affects the operations of the Vehicle Inspection Unit in Imo State.
The Ministry wishes to reiterate its earlier public statement on this matter and clarify as follows,
The Federal High Court judgment in Suit No. FHC/ABJ/CS/1695/2023, and the Appeal Court decision arising from it, apply solely to the VIO in the Federal Capital Territory.
They have no bearing whatsoever on the operations of the Vehicle Inspection Unit in Imo State, which was duly established under, “Imo State Transport Administration Law No. 14 of 2011”.
The Federal High Court’s decision was based on the absence of an operational law guiding the activities of the VIO in the FCT. This circumstance does not apply to Imo State, where the Vehicle Inspection Unit operates under a valid and subsisting legal framework.
The Vehicle Inspection Unit in Imo State functions as an authorised unit under the Ministry of Transport, empowered by the provisions of “Law No. 14 of 2011”, which regulates transport administration within the State.
Accordingly, the judgments delivered in Abuja have “no effect or applicability” in Imo State. They are null, void, and of no consequence, concerning the lawful operations of the Vehicle Inspection Unit in the State.
The Ministry assures the public that the operations of the Imo State VIO remain fully legal, valid, and dedicated to promoting safety and order on our roads in the interest of the State and its residents.
Despite a recent ruling by the Federal High Court and its affirmation by the Court of Appeal, the matter has highlighted the ongoing need for clarity in Nigeria’s road-traffic enforcement framework—an issue that agencies such as the Imo State Vehicle Inspection Office (VIO) have long sought to streamline in the interest of safer roads.
Justice Nkeonye Maha of the Federal High Court had held that existing federal laws do not presently confer explicit powers on VIO officers to stop, impound, confiscate, seize, or impose fines on motorists for traffic violations.
The decision, arising from a legal challenge, reflects the current state of statutory interpretation rather than any wrongdoing by the VIO, whose operations have consistently aimed at promoting roadworthiness, reducing accidents, and ensuring compliance with safety standards.
On appeal, a three-member panel of the Court of Appeal reaffirmed the lower court’s position. Delivering the lead judgment, Justice Oyejoju Oyewumi concluded that the Directorate of Road Traffic Services’ appeal lacked merit under the “current legal framework”. Importantly, the ruling underscores the need for harmonized legislation that aligns the practical responsibilities of road-safety agencies such as the VIO with clearer statutory mandates.
While the court awarded costs of ₦1 million against the appellant and in favour of the respondent, Abubakar Marshal, the case has drawn national attention to the critical role VIOs play in reducing road crashes and ensuring that vehicles on Nigerian roads meet required safety standards.
The judgment is expected to encourage lawmakers to revisit and strengthen enabling laws so agencies like the Imo State VIO can continue their essential public-safety duties with explicit legislative backing based on the enabling law No 14 of 2011 in line with the 1999 Nigeria constitution as amended.
Accordingly, the 1 million Naira cost awarded by the court against the appellant to the respondent was not shared amongst the 36 Component State rather only the Abuja Unit of VIO as Transport Administration is strictly domicile in the duty of the State Legislation.
