A FEDERAL High Court in Abuja has ruled that the Directorate of Road Traffic Services (DTRS), otherwise known as the Vehicle Inspection Office (VIO), lacks the legal authority to stop vehicles, confiscate them or impose fines on motorists.
Ruling in in case number: FHC/ABJ/CS/1695/2023, on Wednesday, October2, Justice Nkeonye Evelyn Maha stated that no law empowers the respondents to carry out such actions, insisting they are not authorised 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, with the Directorate of Road Traffic Services; its Director; Area Commander; Team Leader of the Jabi Area Command and the Minister of the Federal Capital Territory (FCT) as respondents.
In the 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 presumption of innocence, as provided by Sections 6(6)(B), 35(1), 35(8), 35(12), 41, and 42 of the 1999 Constitution (as amended) and Articles 2, 7(b), 12, and 14 of the African Charter on Human and Peoples’ Rights.
The court, therefore, issued a restraining order preventing the respondents and their agents from impounding vehicles or imposing fines, labeling such as improper, illegal and oppressive.
Justice Maha also granted a perpetual injunction to protect the fundamental rights of Nigerians, ensuring their freedom of movement, presumption of innocence and right to property.
The Judge 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 stop such activities immediately.
