Abubakar’s letter urged Wike to immediately halt the violations and ensure compliance with the court’s restraining orders, pending the determination of appeal processes.
Human rights lawyer, Marshal Abubakar, has written to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, demanding immediate compliance with a Federal High Court order prohibiting the impoundment of vehicles and imposition of fines on motorists by the Directorate of Road Traffic Services (VIO).
The letter, ddated March 12, 2025, cites a judgment delivered on October 2, 2024, in Suit No. FHC/ABJ/CS/1695/2023, where the court ruled that the VIO and other respondents have no legal authority to seize vehicles or impose fines.
The court declared such actions oppressive, unlawful, and a violation of fundamental human rights, including the right to freedom of movement, fair hearing, and presumption of innocence.
However, despite this ruling, Abubakar alleged that VIO officials had resumed the illegal activities, leading to violent confrontations with motorists across Abuja.
He warned the minister that failure to enforce the court’s decision within seven days could result in legal action to have him committed to prison for contempt of court.
Abubakar’s letter urged Wike to immediately halt the violations and ensure compliance with the court’s restraining orders, pending the determination of appeal processes.
The letter read, "As you are no doubt aware (Please reference our earlier correspondence dated October 16, 2024), the Federal High Court, Abuja on the 2nd October, 2024 in Suit no FHC/ABJ/CS/1695/2023 made the following orders inter alia;
"A declaration is hereby made that the 1st to 4th Respondents, under the control of the 5th Respondent herein 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.
"That an order is hereby made restraining the 1st to 4th Respondents 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."
It said, "That an order of perpetual injunction is also made restraining the Respondents from further violating the Applicant’s fundamental rights in any manner whatsoever and howsoever without lawful justification.
"That an order of perpetual injunction is further made 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.
Abubakar noted that the Court makes no order as to cost.
"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 move 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."
According to Abubakar, "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 offices 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," Abubakar added.