By Ayox Ojo

The Lagos State government has said the Judgment of the Court of Appeal, Abuja Division which affirmed the judgement of lower banning Vehicle Inspection Officers, VIOs from impounding or confiscating vehicles and/or imposing fines on motorists in FCT Abuja does not apply to the state.

Justice Evelyn Maha of the Federal High Court had in a judgment in a fundamental rights enforcement suit held that the Respondents in the case which included the Director of Road Transport; the Team Leader, the Area Commander Jabi; as well as the Minister of the Federal Capital Territory (FCT) are not empowered by any law or statute to stop, impound or confiscate vehicles and/or impose fines on motorists.

The Judge therefore issued an order restraining the VIO from impounding or confiscating vehicles of motorists and or imposing fines on drivers.

However, Lagos State Ministry of Justice, in a statement on Monday, noted that the Judge of the lower court and Justices of the Court of Appeal premised their decision on absence of statutory power conferred on the Respondents (Appellants in the court of Appeal) to stop, impound or confiscate vehicles and/or impose fines on motorists on roads in FCT Abuja.

Thus, the Lagos State said while the Courts’ judgments and the restraining orders made are valid in law and binding, it is not of general application or of nationwide effect
in Nigeria.

It therefore said only parties to the suit and any State that has no statute on VIO like FCTa are bound by the judgments.

“Nigeria operates a federal system of government with clear legislative powers donated by the Constitution to the Federal and State Governments. Vehicle inspections and traffic management are part of the Residual subjects for State governments,” Lagos State Government said.

Furthermore the state government said unlike the FCT, it has a Statute on VIS 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 process and procedure of enforcement of power of the VIS officers on Lagos roads are in accordance with the law and not unlawful or unconstitutional.”

‘Members of the public are therefore advised 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,” the statement concluded.

Source; PM News