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Landmark Judgement: Court Bars VIO from Stopping, Impounding, Confiscating or Imposing Fines on Motorists

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The Directorate of Road Traffic Services, commonly known as the Vehicle Inspection Office (VIO) has been barred from stopping vehicles on the road, impounding or confiscating them, and imposing fines on motorists in a landmark Judgement delivered by a Federal High Court sitting in Abuja.

The judgment, delivered by Justice Evelyn Maha stems from a fundamental rights enforcement suit (FHC/ABJ/CS/1695/2023) filed by human rights activist and public interest attorney Abubakar Marshal.

In her ruling, Justice Maha affirmed Marshal’s assertion that there is no legal basis for the VIO and its officials to stop, impound, or confiscate vehicles or to levy fines against motorists. The order also extends to the Director of Road Transport, the Area Commander in Jabi, and the Team Leader in Jabi, with the Minister of the Federal Capital Territory (FCT) listed as a respondent.

Justice Maha stated that the actions of the first to fourth respondents, under the control of the fifth respondent, are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists or impose fines on them.

Additionally, the court issued a restraining order against the respondents, preventing them and their agents from impounding or confiscating vehicles or imposing fines, labeling such actions as wrongful, oppressive, and unlawful. Justice Maha further granted a perpetual injunction to protect the rights of Nigerians, ensuring their freedom of movement, presumption of innocence, and right to own property without lawful justification.

This landmark ruling is expected to have significant implications for traffic enforcement practices and the rights of motorists in Nigeria.

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