By Damilare Adeleye
The Lagos State Government has said that the recent ruling by the Federal High Court in Abuja, which restrains the Directorate of Road Traffic Services (commonly known as the Vehicle Inspection Office, or VIO) from impounding vehicles or imposing fines, does not apply within Lagos State.
In a statement released on Tuesday, the Lagos State Commissioner for Transportation, Mr Oluwaseun Osiyemi, emphasized that the court’s jurisdiction is limited to Abuja and cannot affect the operations of the VIO in Lagos.
He noted that the ruling was based on the specific legal context in the Federal Capital Territory (FCT), where there is no law authorizing the VIO to enforce such actions.
Osiyemi explained that Lagos operates under the Transport Sector Reform Law of Lagos State (TSRL-2018), which explicitly grants the VIO authority to enforce traffic regulations, impound vehicles, and impose fines for violations.
He said, “This law outlines the responsibilities and powers of the VIO, along with a detailed schedule of fines for 52 specific traffic offences.”
“Lagos motorists should continue to respect the VIO and remain law-abiding,” Osiyemi stated, assuring that the Federal High Court’s ruling in Abuja does not impact Lagos State’s regulations.
“Motorists are urged to uphold the provisions of the TSRL and adhere to traffic rules to avoid penalties and ensure road safety.”
Last Thursday, the Federal High Court in Abuja made an order restraining VIO from impounding, confiscating or imposing fine on any motorist.
The court delivered the judgement in a suit filed by human rights activist and public interest attorney, Abubakar Marshal of Falana and Falana’s Chambers.
Honourable Justice N.E. Maha agreed with the Applicant that there is no law empowering the Respondents to stop, impound, confiscate, seize or impose fine on motorists while delivering judgement in the suit marked FHC/ABJ/CS/1695/2023 between Marshal Abubakar vs the Directorate of Road Traffic Services & 4 Ors.
The court in its judgement delivered on Wednesday, October 2, 2024, made a declaration that the 1st (Directorate of Road Traffic Services) to 4th Respondents under the control of the 5th Respondent (Minister of the Federal Capital Territory) are not empowered by any law or statute to stop, impound, confiscate the vehicles of motorists and or impose fine on motorists.
The court gave an order restraining the 1st to 4th respondents either through their agents, servants and/or assigns from impounding, confiscating the vehicles of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful by themselves.
The court also gave an order of perpetual injunction restraining the respondents whether by themselves, agents, privies, allies or anybody acting on behalf of the 1st Respondent from further violating the rights of Nigerians to freedom of movement, presumption of innocence and right to own property without lawful justification.