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Wednesday, October 16, 2024
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Ban on VIO not applicable in Lagos

By Chidera Oma

The Lagos State Government has said that the Abuja Federal High Court verdict restricting the Vehicle Inspection Office (VIO) from imposing fines and impounding vehicles is only limited to the Federal Capital Territory (FCT) metropolis and does not apply to Lagos States operations.

The ruling handed down by Hon Justice Evelyn Maha in the fundamental right enforcement suit: FHC/ABJ/CS/1695/2023, stated that the road traffic inspectorate was not legally equipped to seize vehicles or impose severe sanctions on owners.

Lagos state’s decision is grounded on its Transport Sector Reform Law (TSRL-2018), which empowers the VIO to enforce traffic laws and regulations within the state.

This development was disclosed through a short statement signed and released to the newsmen by the commissioner for transportation, Oluwaseun Osiyemi on Tuesday.

According to Osiyemi, the law outlines the establishment, duties, and power of VIO in Lagos, including the ability to impound vehicles and issue fines for traffic violations.

In contrast, the Abuja court ruling specifically stated that there are no laws empowering the VIO in Abuja to stop, impound, or confiscate vehicles.

However, the commissioner who cited part II, (section 11-22) of the 2018 Lagos State Transport Sector Reform Law (TSRL-2018) highlighted the ruling only applies to the federal capital territory (FCT) while adding that the court has limits to its territorial jurisdiction. 

According to the statement:
“In connection with the Federal High Court judgment in Abuja barring the Directorate of Vehicle Inspection Services (otherwise known as VIO) from further stopping vehicles on the road, impounding or confiscating vehicles, and imposing fines on motorists and whether the VIO in Lagos State or that of other States would be affected by the decision;”

“1. It is important to note and be informed that in law a court has limits of its territorial jurisdiction and in this case the judgment is restricted to Abuja”

” 2. It is also important to know the rationale of the judgment of Hon. 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, with the penalties or fines that can be imposed for traffic violations as contained in schedule of the law (violations-1-52)3.” 

“Therefore the decision of the Federal High Court Abuja on VIO is inapplicable in Lagos State. Motorists in Lagos State are advised to continue to be law-abiding, uphold the TSRL, and respect the VIO,” it says.

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