Justice Evelyn Maha, of a, Federal High Court in Abuja has issued an order restraining the Directorate of the Road Traffic Services, commonly known as the Vehicle Inspection Office, from stopping, impounding or confiscating vehicles on the road.
The court also barred the Road Traffic Services from imposing fines on motorists. The judgment, delivered on October 2 by Justice Maha, stemmed from a fundamental rights enforcement suit filed by human rights activist and public interest attorney Abubakar Marshal.
Justice Maha, in the judgment, agreed with the applicant’s contentions that there is no legal basis for the VIO and its officials to stop, impound, or confiscate vehicles or to levy fines against motorists.
The applicant, in a suit marked FHC/ABJ/CS/1695/2023, sued the Directorate of Road Traffic Services, the Director, Directorate of Road Traffic Services, Mr Leo, the Area Commander, Directorate of Road Traffic Services (as at December 12, 2023) Onoja Solomon, Team Leader, Directorate of Road Traffic Services, Jabi Area command, the Minister of the Federal Capital Territory, as 1st to 5th respondents respectively.
Marshall in his originating motion on notice among others, had asked the court for a declaration that the “1st to 4th respondent under the control of the 5th respondent, herein are not empowered by a law or status to stop, impound or confiscate the vehicle of motorists or impose fine on motorists and doing so is wrongful, oppressive and unlawful as it violates the fundamental human right of such motorists to fair hearing, freedom of movement and presumption of innocence and therefore unlawful by virtue of section 6(6)(B) 35 (1)( 8) and (12) and 41 and 42 of the Constitution of the Federal Republic of Nigeria 1999 as amended and article 2(7) (b) 12 and 14 of the African Charter of human and peoples right”.
The court in its judgment, issued a restraining order against the respondents, preventing them and their agents from impounding or confiscating vehicles or imposing fines, labelling such actions as wrongful, oppressive, and unlawful.
Justice Maha further granted a perpetual injunction to protect the rights of Nigerians, ensuring their freedom of movement, presumption of innocence, and right to own property without lawful justification.
The court in its judgement held that “the 1st (Directorate of Road Traffic Services) to 4th Respondents under the control of the 5th Respondent (Minister of the Federal Capital Territory) are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and or impose fine on motorists.”
The court also gave “an order restraining the 1st to 4th respondents either through their agents, servants and or assigns from impounding, confiscating the vehicle of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful by themselves.”
The court made an order of perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification inter alia.
Author
