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Justice Evelyn Maha issued the order in a judgment on a fundamental rights enforcement suit: FHC/ABJ/CS/1695/2023 on Wednesday, October 2, 2024.
In the suit filed by a human rights activist and public interest attorney, Abubakar Marshal, the Director of Road Transport; the Area Commander, Jabi, the Team Leader, Jabi, and the Minister of the FCT are listed as defendants.
In her ruling, Justice Maha upheld Marshal’s argument there’s no legal basis for VIO officials to impound, confiscate, or impose fines on vehicles.
Justice Maha said, “The actions of the first to fourth respondents, under the control of the fifth respondent, are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists or impose fines on them.”
The court, therefore, issued an order restraining the respondents including their agents and servants from impounding and confiscating the vehicle of motorists.
The judge held that doing so is wrongful, oppressive, and unlawful.
To protect the rights of Nigerians, and ensure their freedom of movement, presumption of innocence, and right to own property without lawful justification, the court granted a perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the first respondent from violating the rights.