Appeal Court Judgment on VIO Powers Binding Only in Abuja, Says Lagos Government

The Lagos State Government has clarified that the recent judgment of the Court of Appeal affirming the illegality of Vehicle Inspection Officers (VIOs) impounding vehicles and imposing fines applies only to the Federal Capital Territory (FCT), Abuja, and does not invalidate the operations of the Lagos State Vehicle Inspection Service (VIS).

The Lagos State Government has clarified that the recent judgment of the Court of Appeal affirming the illegality of Vehicle Inspection Officers (VIOs) impounding vehicles and imposing fines applies only to the Federal Capital Territory (FCT), Abuja, and does not invalidate the operations of the Lagos State Vehicle Inspection Service (VIS).

The clarification was contained in a statement issued by the Attorney-General and Commissioner for Justice, Mr. Lawal Pedro (SAN), who urged motorists in Lagos not to be misled by what he described as a misrepresentation of the court’s ruling.

According to Pedro, while the judgment of the Court of Appeal, Abuja Division, is valid and binding, it is not of nationwide application. He explained that the decision was premised on the absence of statutory powers authorising VIO officials in the FCT to stop, impound, or confiscate vehicles, or impose fines on motorists.

The case originated from a 2025 judgment delivered by Justice Evelyn Maha of the Federal High Court, Abuja, in a fundamental rights enforcement suit. The court held that the respondents — including the Director of Road Transport, the Team Leader, the Area Commander Jabi, and the Minister of the FCT — lacked statutory backing to carry out such enforcement actions. The ruling restrained VIO officials in the FCT from impounding vehicles or imposing fines. The Court of Appeal subsequently affirmed the decision.

However, the Lagos State Government stressed that Nigeria operates a federal system with constitutionally defined legislative powers shared between the Federal and State Governments. Vehicle inspection and traffic management, Pedro noted, fall under residual matters within the legislative competence of state governments.

He explained that, unlike the FCT, Lagos State has a clear statutory framework regulating the activities of its Vehicle Inspection Service under the Lagos State Transport Sector Reform Law.

Under Section 12(1) of the law, the VIS is empowered to inspect, regulate, and ensure the roadworthiness of vehicles in the state; conduct pre-registration inspections; issue Road Worthiness Certificates; and collaborate with other agencies in enforcing traffic regulations.

Section 23(1) of the law also provides for the issuance of tickets for traffic violations, with fines payable either on the spot if imposed by a mobile court, or within 48 hours of issuance by an authorised officer. In cases of default, formal charges may be filed before a Magistrate or Mobile Court, where the accused is entitled to defend themselves and challenge the validity of the ticket.

The government maintained that the enforcement procedures of VIS officers in Lagos are lawful and constitutionally grounded. It advised motorists to cooperate with VIS officials to avoid sanctions and attendant consequences.

Pedro further assured residents that transport and traffic enforcement activities in Lagos would continue to be carried out in accordance with established laws and regulations, with civility and respect for road users. He warned that any motorist who obstructs or assaults a VIS officer in the lawful discharge of duty would be liable to arrest and prosecution.

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