Court ruling barring VIO applies only to FCT, Lagos clarifies

Court ruling barring VIO applies only to FCT, Lagos clarifies

The Lagos State Government has clarified the legality of its Vehicle Inspection Service officers’ operations on Lagos roads, following public reactions to a recent judgment of the Court of Appeal, Abuja Division, which barred Vehicle Inspection Officers in the Federal Capital Territory from stopping motorists, impounding vehicles, or imposing fines.

In a Sunday statement issued by the Commissioner for Justice, Lawal Pedro, on the ministry’s official social media handles, the government said the viral interpretations suggesting that the judgment applies across Nigeria were misleading and inaccurate.

“The attention of the Lagos State Ministry of Justice has been drawn to a viral report of misrepresentation of the Judgment of the Court of Appeal, Abuja Division which affirmed the judgment of the Federal High Court Abuja on the illegality of VIO activities of impounding or confiscating vehicles and/or imposing fines on motorists in FCT Abuja,” the statement read.

The ministry recalled that the Federal High Court ruling, which was later upheld by the appellate court, was based on the absence of statutory powers authorising VIO officials in the FCT to carry out such enforcement actions.

According to the statement, “It is important to understand that the Honorable Judge of the Federal High Court and Justices of the Court of Appeal premised their decision on absence of statutory power conferred on the Respondents to stop, impound or confiscate vehicles and/or impose fines on motorists on roads in FCT Abuja.”

While acknowledging the validity of the judgment, the Lagos State Government stressed that the decision does not automatically invalidate enforcement activities in states with enabling laws.

“The Judgment though binding is not of general application or of nationwide effect in Nigeria,” the ministry stated, adding that Nigeria’s federal structure allows states to legislate on residual matters such as vehicle inspection and traffic management.

The government emphasised that Lagos State operates under the Lagos State Transport Sector Reform Law, which expressly establishes and empowers the Vehicle Inspection Service.

Citing Section 12(1) of the law, the ministry said the VIS is vested with powers including inspecting and regulating the roadworthiness of vehicles, conducting pre-registration inspections, issuing Road Worthiness Certificates, and cooperating with other agencies to enforce traffic regulations.

It also referenced Section 23(1) of the same law, which outlines procedures for imposing fines on offenders, noting that penalties are subject to judicial oversight through mobile courts or magistrate courts.

“The fine shall be paid either on the spot if it is imposed by a mobile court or within forty-eight hours upon issuance of the ticket by an authorised officer. On default of payment a formal charge shall be proffered against the offender,” the statement explained.

The ministry maintained that enforcement actions by VIS officers in Lagos are lawful and constitutionally grounded.

“The process and procedure of enforcement of power of the VIS officers on Lagos roads are in accordance with the law and not unlawful or unconstitutional,” it said.

The government urged motorists not to rely on what it described as misrepresentations of the Abuja judgment and advised road users to cooperate with authorised officers.

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