· Abuja residents hail restrictions
· FCTA mulls appeal
The Federal Capital Territory Administration risks losing a substantial part of its revenue following a recent court ruling stopping the Directorate of Road Traffic Services, DRTS, from imposing fines on motorists.
Last Wednesday, Justice Evelyn Maha of the Abuja Federal High Court prohibited the Directorate of Road Traffic Services, also known as VIO, from operating at checkpoints to check motorists, arrest or impose a fine on them for whatever infractions.
Abubakar Marshal, a human rights lawyer, instituted the case.
He sued VIO as the fourth respondent while the agency’s director of road transport, both the area commander and the team leader at Jabi, and the FCT minister were the other respondents in the case.
The applicant, in a suit marked FHC/ABJ/CS/1695/2023, sued the Directorate of Road Traffic Services, the Director, Directorate of Road Traffic Services, Mr Leo, the Area Commander, Directorate of Road Traffic Services (as at December 12, 2023) Onoja Solomon, Team Leader, Directorate of Road Traffic Services, Jabi Area command, the Minister of the Federal Capital Territory, as 1st to 5th respondents respectively.
The originating motion on notice among others, asked the court for a declaration that the “1st to 4th respondent under the control of the 5th respondent, herein are not empowered by a law or status to stop, impound or confiscate the vehicle of motorists 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 section 6(6)(B) 35 (1) and (12) and 41 and 42 of the Constitution of the Federal Republic of Nigeria 1999 as amended and article 2(7) (b) 12 and 14 of the African Charter of human and peoples right”.
The court in its judgment, issued a restraining order against the respondents, preventing them and their agents from impounding or confiscating vehicles or imposing fines, labelling such actions as wrongful, oppressive, and unlawful.
The VIO is one of the major revenue earners of the FCT Administration.
In 2018, the directorate generated over N1.23billion in the first half of 2018. In 2019, the agency generated N3.5 billion in IGR for the FCTA.
There was an uptick in the revenue generation of the VIO as in 2020, the then Director of the DRTS, Wadata Bodinga, promised to generate over N5 billion from sales of plate numbers and fines from traffic defaulters, but it was learnt that it was marginally below the target.
Revenue generated by the Department of Road Transport Services, between January and November 2021 stood at N3.7 billion.
However, data for the preceding years have been hard to come by as a culture of opacity has enveloped issues of revenue and expenditure in the administration.
But experts put it at over N7billion for each of the years.
Some of Abuja residents have hailed the ruling, describing it as courageous and timely.
Jacobs Olu, a motorist, said personnel of the VIO were at best thugs in uniform and should be taken off the road when there is the FRSC.
“How can a government agency have its mean spread across the city and in uncouth manner. They lack civility and have no business being on the road,” Jacobs said.
Inimfon Etuk, a gender activist, said, “If only it is to stop and impound, the way they spread out on the road with chunky STICKS like armed robbers is what disturbs me the most.
“The hazard of that is in itself traumatizing even when both your papers and vehicle are in perfect condition.”
Reacting to the development, the Conference of Directors and Chief Road Traffic Officers (VIO) of the Federation however disagreed with the judgment, warning that its implications are far-reaching and detrimental to the safety of lives and property on the roads and highways.
The body pointed that traffic regulations exists to protect citizens from harm, prevent accidents, and save lives, warning that allowing motorists to violate these laws without consequence will result in chaos, increased road traffic crashes, and a higher fatality rate on the roads.
While pointing that states are constitutionally allowed to enforce road traffic regulations, the body stated that, “The Constitution of the Federal Republic of Nigeria, under Part 1 Section 1, Subsections 1, 2, and 3, as well as Part 2 Section 4, Subsections 1, 2, 3, and 4, and Section 7 (a, b, and c), explicitly grants the FCT and states the residual power to legislate on matters not contained in the exclusive and concurrent lists.
“Road traffic matters and motor vehicle administrations fall squarely under these provisions, granting states the authority to manage and regulate traffic within their jurisdictions. This judgement, however, undermines this constitutional mandate under the guise of protecting human rights, specifically the right to freedom of movement.
“While we fully recognize the importance of human rights and respect the need to protect citizens’ rights, it is important to acknowledge that road traffic regulations enforcement is a matter of public safety, not a violation of human rights. The right to movement must be balanced with the responsibility of ensuring the safety and security of all road users by statutory government agencies.”