By Ikechukwu Nnochiri
ABUJA– A human rights lawyer, Mr. Marshal Abubakar, has threatened to initiate a contempt charge against the Minister of the Federal Capital Territory, FCT, Nyesom Wike, following the return of operatives of the Directorate of Road Traffic Services and Vehicle Inspection Officers, VIO, on Abuja road.
In a letter he wrote to the FCT Minister, Mr. Abubakar, noted that officials of the VIO have resumed the stoppage, impounding and imposition of fines on motorist, despite a subsisting judgement of the Federal High Court that barred them from doing so.
He noted that the court had in a judgement it delivered on October 16, 2024, in his suit marked: FHC,/ABJ/CS/1695/2023, held that the VIO, which is under the control of the FCT Minister, “are not empowered by any law or statute to stop, impound, confiscate the vehicle of motorists and or impose fine on motorists and doing so is wrongful, oppressive and unlawful as it violates the fundamental human right of such motorists to fair hearing, freedom of movement, and presumption of innocence and therefore unlawful by virtue of Sections 6(b), 36(1) (8) and (12) and 41 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (as amended) and Articles 2,7(b), 12 and 14 of the African Charter on Human and Peoples Rights.”
He said the court further made an order that restrained the Respondents in the matter, among whom included the FCT Minister, either through their agents, servants and or assigns, “from impounding, confiscating the vehicle of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful as it violates the fundamental human right of such motorists to fair hearing, freedom of movement, and presumption of innocence and therefore unlawful by virtue of sections 6(6) (b), 36(1) (8) and (12) and 41 of the Constitution of the Federal Republic of Nigeria (FRN) 1999 (as amended) and Articles 2,7 (b), 12 and 14 of the African Charter on Human and peoples Rights.”
As well as an order of perpetual injunction, restraining the 1st, 2nd, 3rd and 4th 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.
According to the human rights lawyer, notwithstanding the court orders and Wike’s position as senior member of the legal profession, the VIO continued to harrass motorists plying Abuja roads.
“Sadly, the officials of the Directorate of Road Traffic Services (VIO) in utter violation of the above express, binding and subsisting orders have resumed the stoppage, impounding, confiscation of cars and the imposition of fines within the FCT.
“We have been inundated with calls over the renewed illegal activities of the VIO within the FCT and have moves round the capital city to confirm their illegal operations which have led to violent confrontation between some of these officials and vexed motorists. Video evidence abound.
“As a senior member of the legal profession, we are perturbed that officials’ under your command and authority could embark on such egregious and contemptuous disdain of an express order of Court.
“On account of the foregoing dear Minister, you are hereby required to employ the instrumentality of your good office to restore compliance with the foregoing positive and binding orders pending the final determination of the Appeal and Cross Appeal processes.
“Please note that upon failing to comply with the foregoing request, seven days commencing from the date of receipt of this letter, we shall take all legal steps to commit you to prison for contempt of the orders of court.
“Whilst anticipating your cooperation and understanding, please accept my esteem professional regards,” the letter further read.
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