Abuja Federal High Court retrains VIO From Stopping, Impounding, Confiscating Vehicles
An Abuja Federal High Court presided by Justice Evelyn Maha has issued an order barring the Directorate of the Road Traffic Services, commonly known as the Vehicle Inspection Office, from stopping, impounding or confiscating vehicles on the road.
The court also restrained the Road Traffic Services from imposing fines on motorists.
In a judgement on Thursday, Justice Maha issued the order on a fundamental rights enforcement suit filed by a human rights activist and public interest attorney, Abubakar Marshal.
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 at December 12, 2023) Onoja Solomon, Team Leader, Directorate of Road Traffic Services, Jabi Area command, the Minister of the Federal Capital Territory, as 1st to 5th respondents respectively.
Marshall in his originating motion on notice among others, had asked the court for a declaration that the “1st to 4th respondent under the control of the 5th respondent, herein are not empowered by a law or status to stop, impound or confiscate the vehicle of motorists or impose fine on motorists and doing so is wrongful, oppressive and unlawful as it violates the fundamental human right of such motorists to fair hearing, freedom of movement and presumption of innocence and therefore unlawful by virtue of section 6(6)(B) 35 (1)( 8) and (12) and 41 and 42 of the Constitution of the Federal Republic of Nigeria 1999 as amended and article 2(7) (b) 12 and 14 of the African Charter of human and peoples right”.
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, labelling such actions as wrongful, oppressive, and unlawful.
Justice Maha further granted a perpetual injunction to protect the rights of Nigerians, ensuring their freedom of movement, presumption of innocence, and right to own property without lawful justification.
The court also gave 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 right to own property without lawful justification inter alia.
