Justice Evelyn Maha of the 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 of December 12, 2023), Onoja Solomon, the Team Leader, Directorate of Road Traffic Services, Jabi Area Command, and the Minister of the Federal Capital Territory as the 1st to 5th respondents, respectively.
In his originating motion, Marshal sought, among others, a declaration that the “1st to 4th respondents under the control of the 5th respondent are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists or impose fines on motorists, and that doing so is wrongful, oppressive, and unlawful, as it violates the fundamental human rights of such motorists to fair hearing, freedom of movement, and presumption of innocence, and is therefore unlawful by virtue of Sections 6(6)(B), 35(1), 35(8), and 41 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as well as Articles 2(7)(b), 12, and 14 of the African Charter on Human and Peoples’ Rights.”
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, labeling 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 judgment, 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, or confiscate the vehicles of motorists and/or impose fines on motorists.”
The court also issued “an order restraining the 1st to 4th respondents, either through their agents, servants, or assigns, from impounding or confiscating the vehicles of motorists and/or imposing fines on any motorist, as doing so is wrongful, oppressive, and unlawful.”
The court further issued “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 the right to own property without lawful justification.”
