The Federal High Court sitting in Abuja has barred the Directorate of Road Traffic Services and Vehicle Inspection Officers (VIO) from confiscating or imposing fines on motorists.

The court, in a judgement that was delivered by Justice Nkeonye Maha, held that no law empowered the VIO to stop, impound, confiscate, seize or impose fines on motorists for any form of violation. The judgement followed a suit marked: FHC/ABJ/CS/1695/2023, which was filed by a public interest lawyer, Mr. Abubakar Marshal of Falana and Falana Chambers.

Justice Maha, while granting reliefs that were sought by the plaintiff, specifically restrained the Respondents, either through their agents, servants and or assigns, from impounding and confiscating vehicles or imposing a fine on any motorist as doing so would be wrongful, oppressive and unlawful.

The court also issued an order of perpetual injunction restraining the respondents, whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st Respondent (Directorate of Road Traffic Services), from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.

Justice Maha held that only a court of competent jurisdiction could impose a fine or sanction any motorist who was found to have acted in breach of any extant law.

It declared that the 1st to 4th Respondents in the matter, which are under the control of the Minister of the Federal Capital Territory (5th defendant), are not empowered by any law or statute to stop, impound or confiscate vehicles and or impose fines on motorists.

Notably, the order does not apply to the Federal Road Safety Corps, which has operated for decades as the largest body of road traffic marshals in Nigeria.

However, it remains uncertain whether the VIO will comply with the judgment, as a spokesman for the directorate did not immediately respond to requests for comment.