In a landmark decision, Justice Evelyn Maha of the Federal High Court in Abuja has issued a restraining order against the Directorate of Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO), preventing them from stopping, impounding, or confiscating vehicles. The court also ruled that the VIO cannot impose fines on motorists.
This ruling, delivered on October 2, arose from a fundamental rights enforcement suit brought by human rights activist and public interest attorney Abubakar Marshal. Justice Maha supported the applicant’s argument that the VIO lacks legal authority to halt or seize vehicles, or to levy fines against drivers.
In the case marked FHC/ABJ/CS/1695/2023, Marshal filed against several respondents, including the Directorate of Road Traffic Services and its officials, as well as the Minister of the Federal Capital Territory. He contended that their actions violate motorists’ fundamental rights, including the right to fair hearing, freedom of movement, and the presumption of innocence, as enshrined in the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.
The court deemed the actions of the VIO and its agents as “wrongful, oppressive, and unlawful,” and issued a comprehensive order preventing them from further infringing on the rights of Nigerians. Justice Maha emphasized that the VIO is not authorized by any law to stop, impound, or fine motorists.
This ruling is expected to safeguard the rights of drivers across Nigeria, reinforcing their freedom of movement and right to property without unwarranted interference. The court’s decision establishes a significant precedent in the protection of civil liberties within the transportation sector.