Eniola Jolaoso
The Vehicle Inspection Office (VIO) has been barred from stopping, impounding, or confiscating vehicles on the road, following a restraining order issued by a Federal High Court Judge,Justice Evelyn Maha in Abuja.
The Traffic Control officials were also Restricted from enforcing fines on Vehicle Operators
This pronouncement was made following a fundamental rights enforcement suit filed by Human rights activist and public interest attorney, Abubakar Marshal on October 2,
Justice Maha, in her Pronouncement , Concurred with the applicant’s viewpoints that there is no legal backing for the Officials to withhold, confiscate, or impound vehicles, or charge motorists with fines.
The Plantiff, Abubakar filed a lawsuit (FHC/ABJ/CS/1695/2023) against the Directorate of Road Traffic Services and its top officials, including Director Mr. Leo, Area Commander Onoja Solomon, and Minister of the Federal Capital Territory as the 1st to 5th spokesmen , respectively.
In his earlier declaration, he said, “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, in its judgment, issued a restraining order against the respondents, preventing them and their agents from impounding or confiscating vehicles or imposing fines, labeling such actions as wrongful, oppressive, and unlawful.
Justice Maha granted a permanent order to protect Nigerians’ fundamental rights, ensuring freedom of movement, presumption of innocence, and property rights without unlawful interference ².
According to Pronouncement “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 however granted an injunction restraining on respondents 1-4, including their representatives, to cease impounding or confiscating vehicles and imposing fines on motorists, describing such actions as wrongful and unlawful.
In Conclusion , Justice Maya gave an instruction of restrainment against the spoke men of the Traffic Agency .
“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 blameless justification.”