CLARIFICATION ON LEGALITY OF LAGOS STATE VEHICLE INSPECTION SERVICE (VIS) OFFICERS ON LAGOS ROADS VIS-A-VIS JUDGMENT OF THE COURT OF APPEAL, ABUJA DIVISION ON POWER OF VIO ON ROADS IN FCT ABUJA.(PHOTO). #PRESS RELEASE.

 CLARIFICATION ON LEGALITY OF LAGOS STATE VEHICLE INSPECTION SERVICE (VIS) OFFICERS ON LAGOS ROADS VIS-A-VIS JUDGMENT OF THE COURT OF APPEAL, ABUJA DIVISION ON POWER OF VIO ON ROADS IN FCT ABUJA

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.

It would be recalled that sometime last year 2025, Justice Evelyn Maha of the Federal High Court had in a judgment in a fundamental rights enforcement suit held that the Respondents in the case which included the Director of Road Transport; the Team Leader, the Area Commander Jabi; as well as the Minister of the Federal Capital Territory (FCT) are not empowered by any law or statute to stop, impound or confiscate vehicles and/or impose fines on motorists. 

The Judge therefore issued an order restraining the VIO from impounding or confiscating vehicles of motorists and or imposing fines on drivers.

It is important to understand that the Honourable Judge of the FHC and Justices of the Court of Appeal premised their decision on the absence of statutory power conferred on the Respondents (Appellants in the Court of Appeal) to stop, impound or confiscate vehicles and/or impose fines on motorists on roads in FCT Abuja.

The Lagos State Government acknowledged that the said Courts’ judgments and the restraining orders made are valid in law and binding, but wishes to make the following clarification for the benefit of the public particularly in Lagos State.

a. The Judgment though binding is not of general application or of nationwide effect in Nigeria.

b. That only parties to the suit and any State that has no statute on VIO like FCT Abuja are bound by the judgments.

c. Nigeria operates a federal system of government with clear legislative powers donated by the Constitution to the Federal and State Governments.

d. Vehicle inspections and traffic management are part of the Residual subjects for State governments

Unlike the FCT Abuja, Lagos State has a Statute on VIO in the Lagos State Transport Sector Reform Law. Section 12(1) of the law vests The STATE VEHICLE INSPECTION SERVICE (VIS) with the powers among others of:

(a) inspecting, regulating and ensuring the roadworthiness of motor vehicles in the State;

(b) pre-registration inspection of vehicles;

(c) inspection and issuance of Road Worthiness Certificate (RWC) in respect of all vehicles;

(d) cooperating with other agencies to enforce traffic rules and regulations;

Section 23(1) of the same law prescribed a ticket for fines payable by offenders under the law. The fine shall be paid either on the spot if it is imposed by a mobile court or within 48 hours upon issuance of the ticket by an authorised officer. On default of payment, a formal charge shall be proffered against the offender in the Magistrate Court or Mobile Court and he/she shall be allowed to defend himself. The suspect/offender is also at liberty to challenge the validity of the ticket in a court of law.

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

Members of the public are therefore advised not to be misled by the misrepresentation of the judgments of both the Federal High Court and the Court of Appeal and to cooperate with Lagos State VIS officers on Lagos roads to avoid sanctions with its attendance consequences. 

The Lagos State Government will continue to ensure that all transport and traffic enforcement activities on Lagos roads are conducted strictly in accordance with the Laws and Regulations, with civility, decorum and respect to road users. Therefore, any motorist on Lagos roads who disobeys or assaults a VIS officer in Lagos State in the course of performance of his statutory duty will be subject to arrest and prosecution by this Ministry.

Mr. Lawal Pedro (SAN)

Honourable Attorney-General and

Commissioner for Justice, 

Lagos State.