Court bars VIO from impounding vehicles
The Federal High Court in Abuja has issued an order restraining the Directorate of the Road Traffic Services aka Vehicle Inspection Office (VIO) from stopping, impounding vehicles on the road.
The court also barred the VIO from imposing fines on motorists.
Justice Evelyn Maha delivered the judgement on October 2, based on fundamental rights enforcement suit filed by human rights activist and public interest attorney, Abubakar Marshal.
In the judgement, Justice Maha who upheld the applicant’s contention ruled that there was no legal basis for the VIO and its officials to stop, impound or confiscate vehicles or to impose 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, which issued a restraining order against the respondents in it’s judgement, prevented them and their agents from impounding or confiscating vehicles or imposing fines.
It labelled such actions as wrongful, oppressive and unlawful.
Justice Maha also granted a perpetual injunction to protect the rights of Nigerians, with a view to guaranteeing 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 also 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.”
Kindly share this report
