Justice Evelyn Maha of the Federal Top Courtroom in Abuja has issued an form restraining the Directorate of the Highway Site visitors Services and products, usually referred to as the Automobile Inspection Place of work, from preventing, impounding, or confiscating cars at the highway.
The courtroom additionally barred the Highway Site visitors Services and products from implementing fines on motorists.
The judgment, delivered on October 2 by way of Justice Maha, stemmed from a elementary rights enforcement go well with filed by way of human rights activist and people passion legal professional, Abubakar Marshal.
Justice Maha, within the judgment, affirmative with the applicant’s contentions that there’s no felony foundation for the VIO and its officers to prohibit, impound, or confiscate cars or to levy fines in opposition to motorists.
The applicant, in a go well with marked FHC/ABJ/CS/1695/2023, sued the Directorate of Highway Site visitors Services and products, the Director, Directorate of Highway Site visitors Services and products, Mr. Leo, the Branch Commander, Directorate of Highway Site visitors Services and products (as of December 12, 2023), Onoja Solomon, the Group Chief, Directorate of Highway Site visitors Services and products, Jabi Branch Command, and the Minister of the Federal Capital Space as the first to fifth respondents, respectively.
In his originating movement, Marshal sought, amongst others, a declaration that 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 the vehicles of motorists or impose fines on motorists, and that doing so is wrongful, oppressive, and unlawful, as it violates the fundamental human rights of such motorists to fair hearing, freedom of movement, and presumption of innocence, and 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 courtroom, in its judgment, issued a restraining form in opposition to the respondents, fighting them and their brokers from impounding or confiscating cars or implementing fines, labeling such movements as wrongful, oppressive, and illegal.
Justice Maha additional granted a perpetual injunction to offer protection to the rights of Nigerians, making sure their sovereignty of motion, presumption of innocence, and proper to possess quality with out lawful justification.
The courtroom, in its judgment, 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, or confiscate the vehicles of motorists and/or impose fines on motorists.”
The courtroom additionally issued “an order restraining the 1st to 4th respondents, either through their agents, servants, or assigns, from impounding or confiscating the vehicles of motorists and/or imposing fines on any motorist, as doing so is wrongful, oppressive, and unlawful.”
The courtroom additional issued “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 the right to own property without lawful justification.”