A Federal High Court in Abuja, presided over by Justice Evelyn Maha, has issued a ruling prohibiting the Directorate of Road Traffic Services (commonly known as the Vehicle Inspection Office, VIO) from stopping, impounding, or confiscating vehicles on the road.
According to The PUNCH, the court also barred the VIO from imposing fines on motorists.
The judgment, delivered on October 2, 2024, followed a fundamental rights enforcement suit filed by human rights activist and attorney Abubakar Marshal.
The case, marked FHC/ABJ/CS/1695/2023, was filed against the Directorate of Road Traffic Services and its officials, including its Director, the Area Commander, and the Team Leader of the Jabi Area Command, along with the Minister of the Federal Capital Territory.
In her ruling, Justice Maha agreed with the arguments presented by the applicant, stating that there is no legal basis for the VIO to stop, impound, or confiscate vehicles or to impose fines on motorists. She described such actions as “wrongful, oppressive, and unlawful.”
Marshall, in his suit, had asked the court to declare that the actions of the VIO violated motorists’ fundamental rights to fair hearing, freedom of movement, and presumption of innocence as guaranteed by the Constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples’ Rights.
In her judgment, Justice Maha granted a perpetual injunction to protect the rights of Nigerians, including their freedom of movement and presumption of innocence, preventing the VIO from further stopping or penalizing motorists.
She stated, “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 them.”
The court issued a restraining order against the VIO and its agents, preventing them from carrying out such actions, labeling them as “wrongful, oppressive, and unlawful.”
This ruling is seen as a significant step in safeguarding the rights of motorists and curbing what has been perceived as overreach by traffic enforcement officials.
