Abuja, Nigeria – The Federal High Court in Abuja has issued an order restraining the Directorate of Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO), from impounding vehicles, confiscating property, or imposing fines on motorists.
This decision came in a judgment delivered on Wednesday, October 2, 2024, in response to a suit filed by human rights activist and public interest attorney, Abubakar Marshal, of Falana and Falana Chambers. The case, marked FHC/ABJ/CS/1695/2023, involved Marshal Abubakar as the Applicant and the Directorate of Road Traffic Services alongside four other Respondents.
Honourable Justice N.E. Maha ruled that there is no law empowering the Respondents to stop, impound, confiscate, seize, or impose fines on motorists. The court declared that the 1st to 4th Respondents, under the control of the 5th Respondent (the Minister of the Federal Capital Territory), lack any statutory authority to carry out such actions.
The court granted an order restraining the 1st to 4th Respondents, including their agents, servants, and assigns, from impounding or confiscating vehicles and imposing fines on motorists, labeling such actions as wrongful, oppressive, and unlawful.
In addition, the court issued an order of perpetual injunction, prohibiting the Respondents and their representatives from further violating the rights of Nigerians, including their right to freedom of movement, presumption of innocence, and the right to own property without lawful justification.
This landmark ruling serves as a significant protection for Nigerian motorists and reinforces the principles of justice and individual rights under the law.