An order prohibiting the Directorate of the Road Traffic Services, also referred to as the Vehicle Inspection Office, from halting, impounding, or seizing vehicles on the road has been issued by Justice Evelyn Maha of the Federal High Court in Abuja.
The Road Traffic Services was also prohibited by the court from fining drivers.
The judge, Evelyn Maha, issued the order in a judgement on a fundamental rights enforcement suit FHC/ABJ/CS/1695/2023 filed by a human rights activist and public interest lawyer.
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.”
Justice Maha, in the judgment, agreed with the applicant’s contentions that there is no legal basis for the VIO and its officials to stop, impound, or confiscate vehicles or to levy fines against motorists.
In addition, Justice Maha issued a perpetual injunction to defend Nigerians’ rights to their freedom of movement, presumption of innocence, and unwarranted property ownership.
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 further 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.”
