By Straightnews
Again, the Directorate of Road Traffic Services also known as Vehicle Inspection Office has been barred from stopping vehicles on the road, impounding vehicles, and imposing fines on motorists in Nigeria.
A Federal High Court in Abuja presided over by Justice Evelyn Maha issued the order in a judgment on a fundamental rights enforcement suit: FHC/ABJ/CS/1695/2023 filed by a human rights activist and public interest attorney, Abubakar Marshal. Also affected by the order are the Director of Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi, and the Minister of the FCT, also listed as respondents.
In the judgment delivered on Wednesday, October 2, Justice Maha upheld Marshal’s argument that no law empowers respondents to stop, impound, confiscate, seize, or impose fines on motorists.
Recall that in October 2021, Akwa Ibom Court presided over by Hon. Justice Aniekan Eton, ruled that the Vehicle Inspection Office lacks the powers to impose penalties on traffic offences or impound vehicles.
In her ruling, Justice Maha declared that the first to the 4th respondents, who are under the control of the 5th respondent (Minister of the FCT) are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists and or impose fines on motorists.
She proceeded to issue an 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 a fine on any motorist as doing so is wrongful, oppressive, and unlawful by themselves.
Justice Maha further 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.
Akwa Ibom Court also barred VIO
Delivering a judgment in a fundamental rights enforcement suit filed by a lawyer, Edidiong Akpanunwa, on behalf of his client, the court said to be so empowered would mean the VIO has assumed the duty of the law court.
The court noted that the VIO, acting on the instructions of the Akwa Ibom State Government, cannot, by virtue of section 36 of the Constitution, assume the powers and/or functions of the court to impose penalties and impound vehicles of a person alleged to have committed a traffic offence.
The court particularly declared the action by the VIO unconstitutional.
Accordingly, the court ordered the Government of Akwa Ibom State and the Ministry of Transport to, immediately, return to the applicant the sum of N5,000 (five thousand naira) illegally collected as a penalty for alleged breach of traffic regulations.
The court, which was presided over by Hon. Justice Eton, also ordered the Akwa Ibom State government to pay to the applicant the sum of N500,000 (five hundred thousand naira) as general damages.
Also, the sum of N1,500,000 (one million and five hundred thousand naira) was ordered to be paid to the applicant as exemplary damages, while N80,000 must be paid as a cost of the action.
