Justice Evelyn Maha issued this ruling in a judgment on a fundamental rights enforcement case (FHC/ABJ/CS/1695/2023) filed by human rights activist and public interest lawyer, Abubakar Marshal.
The court's decision also applies to the Director of Road Transport, the Area Commander and Team Leader in Jabi, as well as the Minister of the Federal Capital Territory, who were listed as respondents in the suit.
In the judgment delivered on Wednesday, October 2, Justice Maha upheld Marshal's position that no legal authority permits the respondents to stop vehicles, impound or confiscate them, or impose fines on motorists.
The judge declared that the first to the 4th respondents, who are under the control of the 5th respondent (Minister of the FCT) are not empowered by any law or statute to stop, impound, or confiscate the vehicles of motorists and or impose fines on motorists.
She proceeded to issue an order restraining the 1st to 4th respondents either through their agents, servants, and or assigns from impounding, confiscating the vehicle of motorists, and or imposing a fine on any motorist as doing so is wrongful, oppressive, and unlawful by themselves.
Justice Maha further made an order of perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.
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