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Lawyer petitions Wike, gives VIO 7-days to vacate FCT roads
A human rights activist and public interest lawyer, Abubakar Marshal, has warned the Minister of the Federal Capital Territory, Nyesom Wike, over the continued operations of the Directorate of Road Traffic Services, known as VIO, despite a court order barring them from impounding vehicles and imposing fines.
Marshal, in a letter dated March 12 to the minister, warned that failure to comply within seven days would result in legal action.
A Federal High Court in Abuja had, on October 20, 2024, restrained the Directorate of Road Traffic Services from stopping vehicles on the road, impounding or confiscating vehicles, and imposing fines on motorists.
Justice Evelyn Maha issued the order in a judgment on a fundamental rights enforcement suit marked: FHC/ABJ/CS/1695/202 declaring that the actions of the VIO either through their agents, servants, and assigns, from impounding, confiscating the vehicle of motorists, or imposing a fine on any motorist as doing so is wrongful, oppressive, and unlawful by themselves.
Despite the ruling, VIO officials have allegedly resumed operations, leading to confrontations with motorists.
Although the VIO has appealed against the judgment, the Appeal Court has yet to give its verdict on the matter.
However, Marshal, in his letter, accused the agency of openly defying the court’s order and also harassing motorists.
Marshal said, “Sadly, the officials of the Directorate of Road Traffic Services in utter violation of 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 moved around the capital city to confirm their illegal operations, which have led to violent confrontations between some of these officials and vexed motorists. Video evidence abound.”
He further emphasized that as a senior member of the legal profession, Wike must ensure that agencies under his authority do not act in “egregious and contemptuous disdain of an express order of the court.”
Marshal said, “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 the court.
‘Whilst anticipating your cooperation and understanding, please accept my esteem and professional regards.”
The Nigerian constitution, 1999, as amended provides that the legislative arm of government can impeach a governor if found to have committed gross misconduct.
To carry out such impeachment, below are the legal processes that the lawmakers must follow:
Step 1: A written allegation of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker of the State House of Assembly.
Step 2: Within seven days, the Speaker of the House of Assembly is expected to serve the state governor with a copy of the notice of allegation.
Step 3: The governor has a right to reply to the allegation levelled against him. The state lawmakers must be served each with the response from the governor.
Step 4: Within 14 days of the presentation of the notice to the Speaker of the House, they shall resolve by motion without any debate whether or not the allegation shall be investigated. The motion must be passed by at least a two-thirds majority of all members of the State House of Assembly.
Step 5: If the motion fails to get two-thirds, the process shall be halted. If the required votes is met, then the Speaker shall within 7 days of the passing of the motion, request the Chief Judge of the State to appoint a Panel to investigate the allegations.
Step 6: Within three months, The panel is expected to report its findings to the State House of Assembly.
During the proceedings of the Panel, the Governor shall have a right to defend himself or have the right to be defended by a legal practitioner.
Step 7: Where the allegations of gross misconduct against the governor can not be proven, the impeachment proceedings shall end right there.
If the allegations can be substantiated, the House of Assembly shall consider the report and a resolution for adoption of the report shall be moved.
Step 8: At least two-thirds of members of the House of Assembly must vote in support of the resolution to be adopted and the governor shall be impeached while his motion to swear in his deputy shall be moved immediately and adopted.
The Rivers State House of Assembly on Monday served a notice of misconduct against the state governor, Siminalayi Fubara, and his deputy, Ngozi Odu.
According to Channels, the lawmakers claimed in the notice that the action was in line with the Nigerian Constitution.
“In compliance with Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and other extant laws, we, the undersigned members of the Rivers State House of Assembly, hereby forward to you a Notice of Gross Misconduct by the Deputy Governor of Rivers State in the performance of the functions of her office,” the notice read.
Although the assembly earlier denied any move to impeach Fubara, there have been speculations about plots to remove the governor.
More to follow…
former Lagos State governorship candidate of the Peoples Democratic Party during the 2023 general election, Abdul-Azeez Adediran, popularly known as Jandor, has officially returned to the ruling All Progressives Congress, APC.
He announced his readiness to return APC today at a press briefing held at Liberty Place, Ikeja, in Lagos.
Jandor had on March 3 dumped the Peoples Democratic Party, PDP over what he described as anti-party activities of some leaders of the party in Lagos State.
After his public announcement over his decision to dump PDP, he had met with President Bola Tinubu, former Vice President, Atiku Abubakar and other prominent political bigwigs in the country.
However, he finally retuned the ruling party saying, “We have decided to join the political party that considers winning not minding who is in the ballot.
“We have decided to return to the All Progressives Congress, APC,” Jandor said.
He added, “Before you are quick to remind me of the reasons why I dumped APC, I want to say that there is a Yoruba adage that says, if a woman has not tried two husbands, she would not know which one is better. ”
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