The Lagos State Government has declared that it will not comply with a recent Federal High Court ruling in Abuja, which prevents the Vehicle Inspection Office (VIO) from arresting or fining motorists.
This decision has stirred up discussions among Lagos residents and legal experts, as the government insists it is not bound by the ruling due to jurisdictional differences.
A Federal High Court in Abuja recently delivered a judgment that has far-reaching implications for how VIO officers operate across the country.
In this judgment, the court barred the VIO from stopping, arresting, or fining motorists. The court ruled that these actions were illegal and constituted an infringement on the fundamental rights of drivers.
The court declared that there is no law in Abuja that empowers VIO officials to seize vehicles or impose fines on motorists. This ruling was hailed as a victory for drivers in Abuja, who have long complained about what they see as harassment by VIO officials.
However, this ruling has not been universally accepted, especially in Lagos.
Responding to the Federal High Court ruling, the Lagos State Commissioner for Transportation, Oluwaseun Osiyemi, announced that Lagos would not be bound by the court’s decision.
Osiyemi emphasized that the Federal High Court’s jurisdiction is limited to Abuja.
According to Osiyemi, the ruling does not apply to Lagos because the laws governing VIO operations in Lagos State are different.
“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,” Osiyemi said on Tuesday, October 8, 2024.
This statement underscores the government’s position that Lagos State has its own legal framework that regulates VIO activities.
The Lagos State Government justifies its rejection of the Abuja ruling by citing the Transport Sector Reform Law of Lagos State (TSRL-2018).
This law empowers the VIO to stop, inspect, and fine motorists for traffic violations within the state. Part II, Section 11-22 of the law outlines the establishment, duties, and powers of the VIO in Lagos, including the penalties that can be imposed on motorists for different offenses.
Under this law, the VIO in Lagos is responsible for ensuring that vehicles meet safety and roadworthiness standards. The law also provides a schedule of 52 traffic violations, each carrying specific fines or penalties.
According to Osiyemi, the Lagos VIO operates under a legal mandate that allows it to carry out these functions, unlike Abuja, where such laws may not exist.
The Lagos State Commissioner for Transportation further clarified that the ruling by Justice Evelyn Maha of the Abuja Federal High Court was based on the fact that there is no law in Abuja that gives the VIO the power to stop or fine motorists.
However, Osiyemi argued that the situation is different in Lagos, where the TSRL-2018 clearly outlines the duties and powers of the VIO.
“It is 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),” Osiyemi explained.
This means that, unlike Abuja, Lagos has a legal structure that supports the actions of the VIO, making the Federal High Court ruling inapplicable in Lagos State.
Despite the ongoing legal discussions, the Lagos State Government has urged motorists in the state to continue obeying the traffic laws and cooperate with the VIO.
Osiyemi emphasized that the government remains committed to ensuring safety and order on Lagos roads.
“Motorists in Lagos State are advised to continue to be law-abiding, uphold the road transport laws, and respect the VIO,” the commissioner said.
He added that the Lagos VIO plays a crucial role in maintaining road safety by inspecting vehicles to ensure they are fit for the road. He warned that failing to cooperate with VIO officials could result in penalties, as the TSRL-2018 remains fully operational in the state.
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