A Federal High Court in Abuja has issued an order barring the Directorate of Road Traffic Services (popularly called VIO) from further stopping, impounding or confiscating vehicles on the road and imposing fines on motorists.
Justice Evelyn Maha issued the order in a judgment on a fundamental rights enforcement suit filed by a rights activist and public interest attorney, Abubakar Marshal.
The order is said to bind the Director of Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi; as well as the Minister of the Federal Capital Territory (FCT), all listed as respondents in the case.
In a judgment delivered on Wednesday, Justice Maha upheld Marshal’s argument that no law empowers the respondents to stop, impound, confiscate and seize vehicles or impose fine on motorists.
The judge held that the first to the fourth respondents, who are under the control of the fifth respondent (FCT minister) are not empowered by any law or statute to stop, impound or confiscate vehicles and/or impose fines on motorists.
She issued an order restraining the first to the fifth respondents either through their agents, servants and or assigns from impounding, confiscating the vehicles of motorists and or imposing fines on any motorist.
Justice Maha held that doing so is wrongful, oppressive, and unlawful.
The judge also issued an order of perpetual injunction restraining the respondents, whether by themselves, agents, privies, allies or anybody acting on behalf of the first respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.