A Federal High Court in Abuja has ruled that the Directorate of Road Traffic Services (DTRS), also known as the Vehicle Inspection Office (VIO), lacks the legal authority to stop vehicles, confiscate them, or impose fines on motorists.
Justice Nkeonye Evelyn Maha delivered the judgment in case number FHC/ABJ/CS/1695/2023 on Wednesday, stating that no law empowered the respondents to carry out such actions.
The Justice held that they are not authorized by any law to stop, impound, confiscate vehicles, or impose fines on motorists.
The judgment was in response to a fundamental rights enforcement suit filed by human rights activist and lawyer, Abubakar Marshal. The respondents in the case included the Directorate of Road Traffic Services, its Director, Leo, Area Commander Onoja Solomon, Team Leader of the Jabi Area Command, and the Minister of the Federal Capital Territory.
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In his suit, Marshall sought a declaration that the actions of the respondents were unlawful, oppressive, and violated the fundamental rights of motorists to fair hearing, freedom of movement, and the presumption of innocence, as provided by sections 6(6)(B), 35(1), 35(8), 35(12), 41, and 42 of the 1999 Nigerian Constitution (as amended) and articles 2, 7(b), 12, and 14 of the African Charter on Human and Peoples’ Rights.
The court issued a restraining order preventing the respondents and their agents from impounding vehicles or imposing fines, labeling such actions as improper, illegal, and oppressive.
The Court also granted a perpetual injunction to protect the fundamental rights of Nigerians, ensuring their freedom of movement, presumption of innocence, and right to property.
Justice Maha reiterated that the DTRS and its officers, operating under the Minister of the FCT, have no legal authority to stop, confiscate vehicles, or impose fines on motorists, and ordered that they cease such activities immediately.
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