Justice Evelyn Maha of the Federal High Court in Abuja has issued a landmark ruling prohibiting the Directorate of Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO), from stopping vehicles, impounding or confiscating them, and imposing fines on motorists in the Federal Capital Territory (FCT).
News About Nigeria reports that the ruling, delivered on Thursday, stems from a fundamental rights enforcement suit filed by human rights activist and public interest lawyer, Abubakar Marshal.
Other respondents in the case include the Director of Road Transport, the Area Commander of Jabi, the team leader of Jabi, and the Minister of the FCT.
Justice Maha upheld Marshal’s argument that the respondents have no legal authority to stop, impound, or seize vehicles, nor to impose fines on motorists.
The court agreed that such actions violate fundamental rights, including the right to a fair hearing, freedom of movement, and the presumption of innocence, as protected by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
In his originating motion, Marshal had asked the court to declare that the actions of the VIO and the other respondents were “wrongful, oppressive, and unlawful,” citing constitutional protections.
Justice Maha ruled in favour of Marshal, issuing a perpetual injunction that restrains the VIO and other respondents from further infringing on motorists’ rights.
She declared that they are not empowered by any law or statute to stop or impound vehicles or impose fines and that their actions were without lawful justification.
The judgement effectively prevents the VIO and other respondents from continuing these practices, which the court deemed violations of Nigerians’ rights to freedom of movement, the presumption of innocence, and the right to own property.
