Justice Evelyn Maha of the Federal High Court in Abuja has issued a significant ruling, restraining the Vehicle Inspection Office (VIO) from stopping, impounding, or confiscating vehicles on the road. The court also prohibited the Directorate of Road Traffic Services from imposing fines on motorists.
The judgment, delivered on October 2, arose from a fundamental rights enforcement suit brought by human rights activist and public interest attorney Abubakar Marshal. Justice Maha agreed with the applicant’s arguments, stating there is no legal basis for the VIO and its officials to engage in such actions against motorists.
In the suit marked FHC/ABJ/CS/1695/2023, Marshal named the Directorate of Road Traffic Services, its Director Mr. Leo, Area Commander Onoja Solomon, and the Minister of the Federal Capital Territory as respondents. The applicant sought a declaration asserting that the respondents do not have the legal authority to stop, impound, or confiscate vehicles or levy fines, deeming these actions wrongful, oppressive, and unlawful. He argued that these practices violate the fundamental human rights of motorists, including their right to a fair hearing, freedom of movement, and presumption of innocence, as enshrined in the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
In her judgment, Justice Maha issued a restraining order against the respondents, characterizing their actions as unlawful and oppressive. She granted a perpetual injunction to safeguard the rights of Nigerians, ensuring their freedom of movement and property ownership without unjustified interference.
The court reiterated that the Directorate of Road Traffic Services and its officials are not empowered by law to stop or confiscate vehicles or impose fines. Consequently, it ordered the respondents to refrain from such practices, emphasizing the need to respect citizens’ rights to freedom of movement and presumption of innocence.