Federal High Court in Abuja, presided over by Justice Evelyn Maha, has issued a ruling that prohibits the Directorate of Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO), from impounding or confiscating vehicles and levying fines on motorists.
This ruling was made following a fundamental rights enforcement suit filed by human rights lawyer, Abubakar Marshal.
Report has it that the applicant, in a suit marked FHC/ABJ/CS/1695/2023, sued the Directorate of Road Traffic Services, the Director, Directorate of Road Traffic Services, Mr. Leo, the Area Commander, Directorate of Road Traffic Services (as of December 12, 2023), Onoja Solomon, the Team Leader, Directorate of Road Traffic Services, Jabi Area Command, and the Minister of the Federal Capital Territory as the 1st to 5th respondents, respectively.
In the judgment delivered on October 2, Justice Maha affirmed that the VIO and its officials lacked the legal authority to stop vehicles, impound them, or impose fines on motorists.
She declared these actions as wrongful, oppressive, and unlawful, emphasizing that they violated the fundamental human rights of Nigerians, including their rights to fair hearing, freedom of movement, and the presumption of innocence which 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.
“The 1st to 4th Respondents under the control of the 5th Respondent are not empowered by any law or statute to stop, impound, or confiscate vehicles or impose fines on motorists,” the judge ruled, adding that these actions were a violation of the Constitution and the African Charter on Human and Peoples’ Rights.
“The court hereby issues an order restraining the 1st to 4th respondents from impounding or confiscating vehicles and from imposing fines on motorists,” the judgment read.
Similarly, the spokesperson of the Directorate for Road Traffic Services, Kalu Emetu, revealed on the 24th of September that Nigerians need to understand that it is the right thing to do as FCT will keep crushing seized motorcycles.
He defended the actions of the VIO, stating, “Nigerians need to understand that it is the right thing to do. The Directorate is taking this move in the interest of the nation to give Abuja the status it’s supposed to have.”
Emetu further explained that the policies concerning vehicle seizures, including the crushing of over a million motorcycles since 2020, were not intended to “witch-hunt anyone or make things difficult for Nigerians” but were part of a larger plan to maintain order in the Federal Capital Territory (FCT).
He also emphasised that the Directorate’s actions were part of broader efforts to uphold social welfare and protect residents from the dangers of unsafe road practices.
The court’s ruling, however, stands as a significant win for motorists, safeguarding their rights against unlawful vehicle impoundments.
