In a landmark judgment delivered on October 2, Justice Evelyn Maha of the Federal High Court in Abuja has barred the Directorate of Road Traffic Services (VIO) from stopping, impounding, or confiscating vehicles on the road.
The court also prohibited the VIO from imposing fines on motorists.
This ruling stems from a fundamental rights enforcement suit filed by human rights activist and public interest attorney, Abubakar Marshal. Justice Maha agreed with Marshal’s argument that the VIO lacks legal authority to impound vehicles or levy fines.
*Key Points of the Judgment*
– _No Legal Basis_: The VIO and its officials have no legal basis to stop, impound, or confiscate vehicles or impose fines on motorists.
– _Human Rights Violation_: Such actions violate motorists’ fundamental human rights to fair hearing, freedom of movement, and presumption of innocence.
– _Restraining Order_: The court issued a restraining order against the VIO and its agents from impounding or confiscating vehicles or imposing fines.
– _Perpetual Injunction_: A perpetual injunction was granted to protect Nigerians’ rights, ensuring freedom of movement, presumption of innocence, and right to own property without lawful justification.
The court’s judgment specifically stated 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.”
This ruling is a significant victory for motorists’ rights in Nigeria, ensuring that the VIO operates within the bounds of the law.
