The Lagos State Government has dismissed claims that the operations of the Vehicle Inspection Service, VIS, have been banned in the state, insisting that a recent Court of Appeal judgment delivered in Abuja applies only to the Federal Capital Territory, FCT.
The clarification came from the Lagos State Ministry of Justice, which said the ruling of the Court of Appeal, Abuja Division, has been widely misinterpreted as having a nationwide effect.
According to the ministry, the appellate court merely affirmed an earlier decision of the Federal High Court, Abuja, which declared certain activities of Vehicle Inspection Officers (VIOs) in the FCT illegal due to the absence of an enabling law.
The Federal High Court, presided over by Justice Evelyn Maha, had held in a fundamental rights enforcement suit that officials of the FCT Administration, including the Director of Road Transport, the Area Commander, Jabi, and the Minister of the FCT, lacked statutory powers to stop, impound, or confiscate vehicles, or impose fines on motorists within Abuja. The court subsequently restrained VIOs operating under the FCT Administration from carrying out such actions.
The Court of Appeal later upheld the decision, emphasising that the lack of a specific legal framework in the FCT was central to the judgment.
Reacting, the Lagos State Government stressed that the rulings were strictly limited to the FCT and the parties involved in the suit.
“The Lagos State Government acknowledges that the said courts’ judgments and the restraining orders made are valid in law and binding,” the ministry stated. “However, the judgment, though binding, is not of general application or of nationwide effect in Nigeria.”
The ministry explained that only the parties to the case and states or territories without a law establishing and empowering a Vehicle Inspection Service, such as the FCT, are bound by the decisions.
It further noted that Nigeria operates a federal system of government, where legislative powers are shared between the federal and state governments, with vehicle inspection and traffic management classified as residual matters reserved for states.
The government pointed out that, unlike the FCT, Lagos State has a clear legal framework regulating vehicle inspection activities through the Lagos State Transport Sector Reform Law.
Under Section 12(1) of the law, the State Vehicle Inspection Service is empowered to inspect and regulate motor vehicles, ensure roadworthiness, conduct pre-registration inspections, issue Road Worthiness Certificates, and collaborate with other agencies in enforcing traffic regulations.
The ministry also cited Section 23(1) of the law, which provides for fines and enforcement procedures. It stated that fines may be paid immediately if imposed by a mobile court or within 48 hours where a ticket is issued by an authorised officer. In cases of default, a formal charge is filed before a Magistrate Court or Mobile Court, where the motorist is given the opportunity to defend himself or herself.
“The suspect or offender is also at liberty to challenge the validity of the ticket in a court of law,” the ministry added.
The Lagos State Government maintained that the enforcement of VIS powers in the state remains lawful and constitutional, as it is backed by an existing statute.
It urged the public not to be misled by what it described as a misrepresentation of the Federal High Court and Court of Appeal judgments and advised motorists to cooperate with VIS officers in the lawful discharge of their duties.
According to the Ministry of Justice, the clarification was issued to promote proper public understanding of the law and to reaffirm the legality of VIS operations in Lagos State.
No ban on Lagos VIS activities, govt says court judgment misrepresented
