The Court of Appeal in Abuja, on Thursday affirmed the judgment of a Federal High Court which stopped the Directorate of Road Traffic Services, also known as VIO from further stopping, impounding or confiscating vehicles on the road and imposing fines on motorists.
The appellate court in the judgment delivered by Justice
Oyejoju Oyebiola Oyewumi, held that the case of the VIO was lacking in merit.
“I find no iota of merit in this appeal, the decision of the
lower court is hereby affirmed.
“Cost of N1 million is awarded against the appellant”, the
appellate court held.
It will be recalled that Justice Evelyn Maha of the Federal
High Court had in a judgment in a fundamental rights enforcement suit last year
issued an order restraining the VIO from impounding or confiscating vehicles of
motorists and or imposing fines on drivers.
The judge predicated her decision on the grounds that the
appellants lacked the necessary legal backing to stop, impound or confiscate vehicles
and/or impose fines on motorists.
While the suit was filed by a rights activist and public
interest lawyer, Mr Abubakar Marshal, the order is said to bind the Director of
Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi; as well as
the Minister of the Federal Capital Territory (FCT), all listed as respondents
in the case.
The judge held that the first to the fourth respondents, who
are under the control of the fifth respondent (FCT minister) are not empowered
by any law or statute to stop, impound or confiscate vehicles and/or impose
fines on motorists.
The trial judge had subsequently issued an order restraining
the first to the fifth respondents either through their agents, servants and or
assigns from impounding, confiscating the vehicles of motorists and or imposing
fines on any motorist, adding that doing so is wrongful, oppressive, and
unlawful.
The judge also issued an order of perpetual injunction
restraining the respondents, whether by themselves, agents, privies, allies or
anybody acting on behalf of the first respondent from further violating the
rights of Nigerians to freedom of movement, presumption of innocence and right
to own property without lawful justification.
Dissatisfied the Directorate of Road Traffic Services,
appealed the judgment of the trial court, but lost.
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