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.