Court Verdict Banning VIO From Impounding Cars/Imposing Fines Only Apply In Abuja, LASG Clarifies

The Lagos State Government has clarified that the recent Federal High Court judgement in Abuja, barring officers of the Vehicle Inspection Services (VIO) from impounding vehicles and imposing fines on motorists, does not apply in Lagos.

In a statement by the Attorney General and Commissioner for Justice, Mr Lawal Pedro (SAN), the state government clarified that the judgment, though binding, is only applicable to motorists in the Federal Capital Territory (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, the Lagos State Government said it 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) 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 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 forty – eight (48) hours upon issuance of the ticket by an authorized 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 given the opportunity to defend himself. The suspect/offender is also at liberty to challenge the validity of the ticket in a court of law.”

The Lagos State Government advised members of the public not to be misled by the misrepresentation of the judgements 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.

• See Also : Here Is The List Of 52 Vehicle Inspection Offences In Lagos State And Their Penalties