Appeal Court Ruling on VIO Limited to Abuja, Not Lagos — LASG

Appeal Court Ruling on VIO Limited to Abuja, Not Lagos — LASG

The Lagos State Government has dismissed widespread claims that a recent Court of Appeal judgment has stripped Vehicle Inspection Officers (VIOs) of their powers across Nigeria, insisting that the ruling applies strictly to the Federal Capital Territory (FCT).

The clarification follows public reactions to a decision of the Court of Appeal, Abuja Division, which upheld an earlier ruling of the Federal High Court restraining Vehicle Inspection Officers and the Directorate of Road Traffic Services in the FCT from stopping motorists, impounding vehicles, or imposing fines.

The judgment triggered viral interpretations suggesting that VIO operations had been outlawed nationwide.

However, Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, described such interpretations as legally inaccurate and misleading.

Basis of the Court Decision

According to Pedro, both the Federal High Court and the Court of Appeal premised their decisions on the absence of statutory authority empowering VIO officials in the FCT to stop, impound, confiscate vehicles, or impose fines on motorists.

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“It is important to understand that the Honourable 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,” he stated.

He noted that the courts did not declare vehicle inspection enforcement unconstitutional in Nigeria, but rather ruled specifically on the legal framework governing the FCT authorities involved in the suit.

Why Lagos Is Different

The Lagos government stressed that Nigeria’s federal structure allows states to legislate on residual matters such as road traffic management and vehicle inspection.

Pedro explained that Lagos operates under the Lagos State Transport Sector Reform Law, which expressly establishes and empowers the Vehicle Inspection Service (VIS).

Section 12(1) of the law authorises the VIS to:

Inspect and regulate the roadworthiness of vehicles

Conduct pre-registration inspections

Issue Road Worthiness Certificates

Collaborate with other relevant agencies to enforce traffic laws

In addition, Section 23(1) provides for penalties against offenders, subject to adjudication before mobile or magistrate courts, ensuring judicial oversight.

Not of Nationwide Effect

While acknowledging that the appellate decision is binding within the FCT, the Lagos government emphasised that it does not have automatic nationwide application.

“The judgment, though binding, is not of general application or of nationwide effect in Nigeria,” the ministry stated.

The state government stressed that VIS officers in Lagos remain legally empowered to carry out enforcement duties under extant state laws.

Wider Implications

The controversy underscores ongoing debates over traffic enforcement powers in Nigeria, particularly the constitutional boundaries between federal and state authorities.

Legal analysts note that unless the Supreme Court delivers a broader pronouncement on the issue, enforcement powers will continue to depend largely on the specific statutory framework establishing such agencies in each jurisdiction.

For now, Lagos authorities insist that vehicle inspection and traffic enforcement operations in the state remain valid and legally grounded.

Appeal Court Ruling on VIO Limited to Abuja, Not Lagos — LASG