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Nigerian High Court Bars VIO From Stopping, Impounding, Confiscating Or Imposing Fines On Motorists

The court while delivering judgement in a suit filed by human rights activist and public interest attorney, Abubakar Marshal of Falana and Falana Chambers.

The Federal High Court in Abuja has made an order restraining the directorate of Road Traffic Services popularly known as Vehicle Inspection Office (VIO) from impounding, confiscating or imposing fine on any motorist. 

The court while delivering judgement in a suit filed by human rights activist and public interest attorney, Abubakar Marshal of Falana and Falana Chambers.

Honourable Justice N.E. Maha agreed with the Applicant that there is no law empowering the Respondents to stop, impound, confiscate, seize or impose fine on motorists while delivering judgement in the suit marked FHC/ABJ/CS/1695/2023 between Marshal Abubakar vs the Directorate of Road Traffic Services & 4 Ors. The court in its judgement delivered on Wednesday, October 2, 2024, made a declaration 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, confiscate the vehicles of motorists and or impose fine on motorists.

The court gave an order restraining the 1st to 4th respondents either through their agents, servants and/or assigns from impounding, confiscating the vehicles of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful by themselves. 

The court also 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. 

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