Court Restrains VIO from Impounding, Imposing Fines on Motorists

Alex Enumah in Abuja

A Federal High Court sitting in Abuja, has made an order restraining the Directorate of Road Traffic Services popularly known as VIO from impounding, confiscating or imposing fine on any motorists over alleged road infractions.

Justice Nkeonye Evelyn Maha made the order on Wednesday October 2, 2024, while delivering judgement in a fundamental rights suit filed by rights activist and public interest lawyer, Mr Marshal Abubakar Marshal.

Justice Maha in the judgement agreed with the applicant that there is no law empowering the respondents to stop, impound, confiscate, seize or impose fine on motorists.

Abubakar had dragged the Directorate of Road Traffic Services and four others to court, over the powers of the defendants to impound vehicles of motorists and fine then for alleged breach amongst others.

Delivering judgement in the suit marked: FHC/ABJ/CS/1695/2023, the judge held that 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, confiscate the vehicles of motorists and or impose fine on motorists.

The judge also made another order restraining the 1st to 4th respondents either through their agents, servants and or assigns from impounding, confiscating the vehicle of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful by themselves.

In addition, Justice Maha made 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 right to own property without lawful justification.