Justice Evelyn Maha of the Federal High Court in Abuja has issued a ruling barring the Directorate of Road Traffic Services, also known as the Vehicle Inspection Office (VIO), from stopping, impounding, or confiscating vehicles on the road.
The court also prohibited the VIO from imposing fines on motorists, calling such actions unlawful.
The judgment, delivered on October 2, followed a fundamental rights enforcement suit filed by human rights activist and attorney Abubakar Marshal.
In his suit, Marshal challenged the legality of the VIO’s actions, arguing that motorists’ rights were being violated.
Justice Maha upheld the applicant’s position, stating that there was no legal basis for the VIO and its officials to stop vehicles, impound them, or issue fines.
In her ruling, she described these actions as “wrongful, oppressive, and unlawful.”
Marshal’s suit, marked FHC/ABJ/CS/1695/2023, named the Directorate of Road Traffic Services, its Director, and other top officials as the 1st to 4th respondents, with the Minister of the Federal Capital Territory as the 5th respondent.
In his motion, Marshal argued that the respondents were not empowered by any law to stop or confiscate vehicles or impose fines, labeling these actions as violations of motorists’ rights to fair hearing, freedom of movement, and presumption of innocence.
Justice Maha granted a perpetual injunction, preventing the respondents from engaging in these practices and safeguarding Nigerians’ rights to freedom of movement and property ownership.
The court ruled, “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 vehicles or impose fines on motorists.”
The court also issued an order restraining the respondents and their agents from further violating these rights, emphasizing that such actions are “wrongful, oppressive, and unlawful.”
