The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), has clarified that the recent judgment of the Court of Appeal, Abuja Division, restricting the powers of Vehicle Inspection Officers (VIOs) in the Federal Capital Territory does not affect the operations of the Lagos State Vehicle Inspection Service (VIS).
In a press statement issued on Monday, Pedro said the government’s attention had been drawn to “a viral report of misrepresentation” of the appellate court’s decision, which affirmed the judgment of the Federal High Court, Abuja, on the illegality of certain VIO activities in the FCT.
“It is important to understand that the judge of the Federal High Court and the justices of the Court of Appeal premised their decisions on the 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 said.
Pedro recalled that Justice Evelyn Maha of the Federal High Court, in a fundamental rights enforcement suit last year, held that the respondents—including the Director of Road Transport, the Team Leader, Area Commander Jabi, and the Minister of the FCT—were not empowered by any law to stop, impound, or confiscate vehicles or impose fines on motorists in Abuja.
“The judge therefore issued an order restraining the VIO from impounding or confiscating vehicles of motorists and/or imposing fines on drivers,” he noted.
The Attorney-General stressed that while the judgments were valid and binding in law, they were not of nationwide application.
“The judgment, though binding, is not of general application or of nationwide effect in Nigeria. Only the parties to the suit and any state that has no statute on VIO, like FCT Abuja, are bound by the judgments,” Pedro added.
Under Nigeria’s federal system, he emphasized that vehicle inspections and traffic management are matters for state governments.
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Lagos State, unlike the FCT, has the Lagos State Transport Sector Reform Law, which explicitly grants VIS the power to inspect, regulate, and ensure the roadworthiness of vehicles.
“Section 12(1) empowers VIS to conduct pre-registration inspections, issue Roadworthiness Certificates, and cooperate with other agencies to enforce traffic rules,” he explained.tgg
“Section 23(1) prescribes fines for offenders, payable either immediately by mobile court or within 48 hours upon ticket issuance.
Defaulters may be formally charged in court and allowed to defend themselves,” Pedro added.
He also reassured motorists that they have the right to challenge VIS tickets in court.
“The suspect is also at liberty to question the validity of the ticket in a court of law,” Pedro said.
The Attorney-General stressed that VIS enforcement activities on Lagos roads are lawful and constitutional, urging the public to cooperate to avoid sanctions.
“The Lagos State Government will ensure all traffic and transport enforcement activities are conducted with civility, decorum, and respect for road users,” he said.
However, he warned that any obstruction or assault of VIS officers will not be tolerated, and offenders will face arrest and prosecution.