The Lagos State Government has clarified that the recent Federal High Court ruling in Abuja, which restricts the Vehicle Inspection Office (VIO) from stopping and impounding vehicles, does not apply to VIO operations in Lagos.
The clarification was made by the Commissioner for Transportation, Mr. Oluwaseun Osiyemi, in a statement issued on Tuesday, following concerns that the court’s decision might affect the operations of VIO in Lagos.
Osiyemi emphasized that the ruling by the Federal High Court, presided over by Justice Evelyn Maha, pertains only to the Federal Capital Territory (FCT) and has no impact on Lagos State. He noted that legal jurisdiction in Nigeria is based on geographic boundaries, meaning that decisions made by the Abuja court apply only within its territorial limits. “It is important to note that in law, a court has limits of its territorial jurisdiction, and in this case, the judgment was restricted to Abuja,” Osiyemi explained.
The court’s decision in Abuja, which stems from the enforcement of fundamental rights in the case: FHC/ABJ/CS/1695/2023, was based on the fact that no law in the FCT empowers the VIO to stop, impound, or fine vehicles. However, the situation is different in Lagos, where the Transport Sector Reform Law of 2018 (TSRL) grants the VIO specific powers.
Osiyemi highlighted that this law, particularly in Part II, Sections 11-22, outlines the establishment, responsibilities, and authority of the VIO in Lagos.
“It is also important to know the rationale of the judgment of Justice Evelyn Maha in the fundamental rights enforcement suit: FHC/ABJ/CS/1695/2023.
“The rationale is that there is no law which empowers the VIO in Abuja to stop, impound seize, or impose fines on motorists, whereas, in Lagos State, there is the Transport Sector Reform Law of Lagos State (TSRL-2018) which dictates; Part II, Section 11-22 of the law to the establishment, duties and power of VIO in the state.
“This is with the penalties or fines that can be imposed for traffic violations as contained in the schedule of the law (violations-1-52).
“Therefore, the decision of the Federal High Court Abuja on VIO is inapplicable in Lagos State,” he said.