…court of appeal ruling limited to Abuja
The Lagos State Government has cleared the air on the recent judgment of the Court of Appeal, Abuja Division, on Vehicle Inspection Service (VIS) operations, stating that the ruling applies strictly to the Federal Capital Territory (FCT).
The clarifications follow a viral report of misrepresentation of the Judgment of the Court of Appeal, Abuja Division, which affirmed the judgment of the Federal High Court, Abuja, on the illegality of VIO activities of impounding or confiscating vehicles and imposing fines on motorists in FCT Abuja.
Recall that in December 2025, Evelyn Maha, judge of the Federal High Court, had, in a judgment in a fundamental rights enforcement suit, held the VIS from stopping motorists, impounding vehicles, or imposing fines on road users.
The court’s ruling on VIS restrained the directorate and its agents from further violating motorists’ rights to freedom of movement, the presumption of innocence, and property ownership.
Read also: What appeal court ruling against VIO impounding vehicles mean for motorists
However, in a statement signed by Lawal Pedro, attorney general and commissioner for justice, Lagos State, stated that the Judge of the FHC 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.
Pedro acknowledged that the said courts’ judgments and the restraining orders made are valid in law and binding, but noted that they do not apply in Lagos State.
“The Judgment, though binding, is not of general application or of nationwide effect in Nigeria. Only parties to the suit and any state that has no statute on VIO, like FCT Abuja, 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,” he stated.
Pedro further stated that, unlike FCT Abuja, Lagos state has a statute on VIO in the Lagos State Transport Sector Reform Law, which states in Section 12(1) of the law that vests the state VIS with the powers of inspecting, regulating, and ensuring the roadworthiness of motor vehicles in the state.
Read also: Appeal Court affirms ruling barring VIO from seizing vehicles, fining motorists
“Pre-registration inspection of vehicles, inspection and issuance of Road Worthiness Certificate (RWC) in respect of all vehicles, cooperating with other agencies to enforce traffic rules and regulations,” he noted as the powers given to the VIS.
He also stated that Section 23(1) of the same law prescribed a ticket for fines payable by offenders under the law, noting that 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 authorised officer.
“In default of payment, a formal charge shall be proffered against the offender in the Magistrate Court or Mobile Court, and he/she shall be allowed 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 the enforcement of the 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 judgments 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,” Pedro noted.
The LASG guaranteed that all transport and traffic enforcement activities on Lagos roads are conducted strictly in accordance with the laws and regulations, with civility, decorum, and respect to road users.
“Therefore, any motorist on Lagos roads who disobeys or assaults a VIS officer in Lagos State in the course of performance of his statutory duty will be subject to arrest and prosecution by this Ministry,” the statement read.
