A Federal High Court in Abuja has issued a ruling prohibiting the Directorate of Road Traffic Services, commonly known as VIO, from stopping, impounding, or confiscating vehicles, and imposing fines on motorists.
The order came as a result of a fundamental rights enforcement suit filed by human rights activist and public interest attorney, Abubakar Marshal.
Court Ruling Overview
The judgment, delivered by Justice Evelyn Maha on Wednesday, October 2, declared that no existing law grants VIO or its officials the authority to stop, impound, confiscate vehicles, or impose fines on motorists. The case, referenced as FHC/ABJ/CS/1695/2023, specifically barred the VIO Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT), all of whom were named as respondents in the suit.
Violation of Motorists’ Rights
Justice Maha upheld Marshal’s argument that the actions of VIO personnel violated motorists’ rights to freedom of movement, presumption of innocence, and ownership of property without legal cause. The judge labeled the VIO’s actions as wrongful, oppressive, and unlawful, issuing an order of perpetual injunction restraining the respondents and their agents from further violating these rights.
Key Points from the Judgment
- VIO and its officials have no legal mandate to stop or impound vehicles or impose fines.
- The ruling applies to the Directorate of Road Traffic Services, the Minister of the FCT, and other relevant authorities involved in enforcing vehicle regulations.
- The court order is based on the infringement of fundamental human rights, including the right to freedom of movement and ownership of property.
- Justice Maha’s judgment represents a significant decision for motorists in Abuja and sets a legal precedent against unauthorized actions by road traffic authorities. The court’s ruling reinforces the importance of lawful justification in the enforcement of traffic regulations in Nigeria.
