No ban on Lagos VIS activities, govt says court judgment misrepresented
Lagos State Government Clarifies Vehicle Inspection Service Status Following Court Ruling
The Lagos State Government has denied claims that operations of the Vehicle Inspection Service (VIS) have been suspended, clarifying that a recent Court of Appeal ruling pertains exclusively to the Federal Capital Territory (FCT).
This clarification issued by the Lagos State Ministry of Justice addressed widespread misinterpretation of the appellate court’s judgment delivered in Abuja. According to the ministry, the ruling merely reaffirmed an earlier Federal High Court decision that deemed certain activities of Vehicle Inspection Officers (VIOs) in the FCT as illegal, citing a lack of enabling legislation.
The Federal High Court, presided over by Justice Evelyn Maha, concluded in a fundamental rights enforcement suit that officials of the FCT Administration, including the Director of Road Transport and local enforcement officers, do not possess the statutory authority to stop, impound, or fine vehicles within the FCT. The court’s ruling subsequently imposed restrictions on the actions of VIOs operating under the FCT Administration.
The Court of Appeal upheld the lower court’s decision, emphasizing that the absence of a specific legal framework in the FCT was pivotal to the judgment.
In response, the Lagos State Government reiterated that the court rulings are confined to the FCT and the involved parties. “The Lagos State Government recognizes that the judgments and restraining orders by the courts are valid and binding,” stated the ministry. “However, these judgments do not have a general application or nationwide effect.”
The ministry clarified that only entities involved in the case, as well as regions without specific legislation governing a Vehicle Inspection Service—like the FCT—are affected by the court’s decisions.
The Lagos State Government emphasized that Nigeria’s federal system allocates legislative powers between the federal and state governments, with vehicle inspection and traffic management being primarily state responsibilities. In contrast to the FCT, Lagos State operates under a well-defined legal framework for vehicle inspections established by the Lagos State Transport Sector Reform Law.
Under Section 12(1) of this law, the State Vehicle Inspection Service is authorized to inspect and regulate motor vehicles, ensure roadworthiness, conduct pre-registration inspections, and issue Road Worthiness Certificates while collaborating with other agencies to enforce traffic regulations.
The ministry also referenced Section 23(1) of the law, which delineates fines and enforcement procedures. Fines can be paid immediately if imposed by a mobile court or within 48 hours if a ticket is issued. In cases of non-compliance, a formal charge is presented in a Magistrate or Mobile Court, allowing motorists the opportunity for defense.
“The individual has the right to challenge the validity of the ticket in a court,” the ministry added.
The Lagos State Government asserted that enforcement of VIS authority within the state remains lawful and constitutional, supported by existing statutes. It urged the public to refrain from misinformation regarding the Federal High Court and Court of Appeal judgments and encouraged cooperation with VIS officers in their lawful responsibilities.
This clarification aims to enhance public understanding of the law and reaffirms the legality of VIS operations in Lagos State.
