Stay Off The Roads, Court Orders VIO

A Federal Capital Territory, FCT, court, presided over by Justice Evelyn Maha, has ordered the Directorate of the Road Traffic Services, better known as the Vehicle Inspection Office, VIO, from stopping, impounding, or confiscating vehicles on the road.

The order, contained restraining judgement issued on Wednesday, is sequel to a fundamental rights enforcement suit instituted by human rights activist and public interest attorney, Abubakar Marshal.

The order also barred the agency from imposing fines on motorists. According to the ruling, there is no legal basis for the agency, its officials, etc, to stop, impound, or confiscate vehicles or to levy fines against motorists.

In the suit marked FHC/ABJ/CS/1695/2023, Marshal sued the agency, its Director, Directorate of Road Traffic Services, Mr. Leo, the Area Commander, Directorate of Road Traffic Services, Onoja Solomon, the Team Leader, Directorate of Road Traffic Services, Jabi Area Command, and the Minister of the Federal Capital Territory.

Among others, Marshal sought a declaration ordering the “1st to 4th respondents to stop, impound, or confiscate the vehicles of motorists or impose fines on same, noting that it is wrongful, oppressive, and unlawful, being in violation of the fundamental human rights of 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.” In its ruling, the court ordered the respondents and or their agents from impounding or confiscating vehicles or imposing fines. It ruled that such actions are wrongful, oppressive, and unlawful.

Furthermore, the court granted a perpetual injunction to protect the rights of Nigerian motorists with a view to ensuring their freedom of movement, presumption of innocence, and right to own property without lawful justification.

“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 ruled.

Among others, 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.

Proclaimed “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.”