By DAYO ADESULU
Landmark Decision Upholds Motorists’ Rights in Nigeria
In a significant ruling delivered on October 2, 2023, Justice Evelyn Maha of the Federal High Court in Abuja has issued a restraining order against the Directorate of the Road Traffic Services, commonly referred to as the Vehicle Inspection Office (VIO). This decision prohibits the VIO from stopping, impounding, or confiscating vehicles on the road, along with imposing fines on motorists.
Background of the Case
The judgment was the result of a fundamental rights enforcement suit filed by human rights activist and public interest attorney, Abubakar Marshal. The case, marked FHC/ABJ/CS/1695/2023, named multiple respondents, including the Directorate of Road Traffic Services, its Director, Mr. Leo, the Area Commander, Onoja Solomon, and the Minister of the Federal Capital Territory, as parties involved in the legal proceedings.
Court’s Findings and Rationale
Justice Maha concurred with the applicant’s assertions, stating that there is no legal authority for the VIO and its officials to engage in such actions against motorists. The court emphasized that these practices violate fundamental human rights, including the right to fair hearing, freedom of movement, and the presumption of innocence. The ruling referenced several constitutional provisions from the Nigerian Constitution and articles from the African Charter on Human and Peoples’ Rights that support these rights.
Key Provisions of the Ruling
The court’s judgment included several critical declarations:
– A restraining order against the VIO and its agents from impounding or confiscating vehicles.
– A prohibition against levying fines on motorists, deemed wrongful and unlawful.
– A perpetual injunction ensuring the protection of Nigerians’ rights to freedom of movement and property ownership without legal justification.
Implications for Motorists in Nigeria
This ruling serves as a pivotal moment for motorists in Nigeria, reaffirming their rights and safeguarding them against arbitrary actions by road traffic authorities. The court’s decision is expected to foster a more just and lawful environment for all road users, ensuring that their fundamental rights are respected and upheld.
This landmark judgment highlights the necessity of adhering to legal frameworks and protecting citizens’ rights in the face of administrative actions. As the legal landscape continues to evolve, this case sets a precedent for future interactions between motorists and traffic enforcement agencies in Nigeria.
