The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro (SAN), has clarified that the recent judgment of the Court of Appeal, Abuja Division, restricting the powers of Vehicle Inspection Officers in the Federal Capital Territory does not affect the operations of the Lagos State Vehicle Inspection Service.
In a press statement issued on Monday, Pedro said the government’s attention had been drawn to “a viral report of misrepresentation” of the appellate court’s decision, which affirmed the judgment of the Federal High Court, Abuja, on the illegality of certain VIO activities in the FCT.
“It is important to understand that the judge of the Federal High Court and the justices of the Court of Appeal premised their decisions on the absence of statutory power conferred on the respondents to stop, impound or confiscate vehicles and/or impose fines on motorists on roads in FCT Abuja,” he said.
Pedro recalled that Justice Evelyn Maha of the Federal High Court had, in a fundamental rights enforcement suit last year, held that the respondents, including the Director of Road Transport, the Team Leader, Area Commander Jabi, and the Minister of the FCT, were not empowered by any law to stop, impound or confiscate vehicles or impose fines on motorists in Abuja.
“The judge therefore issued an order restraining the VIO from impounding or confiscating vehicles of motorists and/or imposing fines on drivers,” he noted.
The Attorney-General stressed that although the judgments were valid and binding in law, they were not of nationwide application.
“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,” Pedro added.
He explained that Nigeria operated a federal system of government with clearly defined legislative powers between the federal and state governments.
“Vehicle inspections and traffic management are part of the residual subjects for state governments,” Pedro said.
According to him, unlike the FCT, Lagos State has an enabling statute, the Lagos State Transport Sector Reform Law, which expressly vests powers in the Vehicle Inspection Service.
“Section 12(1) of the law vests the State Vehicle Inspection Service with powers, among others, of inspecting, regulating and ensuring the roadworthiness of motor vehicles in the state; conducting pre-registration inspections; issuing Roadworthiness Certificates; and cooperating with other agencies to enforce traffic rules and regulations,” he said.
He added that Section 23(1) prescribed fines payable by offenders.
“The fine shall be paid either on the spot if imposed by a mobile court or within 48 hours upon issuance of a ticket by an authorised officer. On default of payment, a formal charge shall be filed before a Magistrate Court or Mobile Court, and the offender shall be given the opportunity to defend himself or herself,” he explained.
“The suspect is also at liberty to challenge the validity of the ticket in a court of law,” Pedro added.
The AG maintained that the enforcement powers exercised by VIS officers on Lagos roads were lawful and constitutional.
“The process and procedure of enforcement of the powers of VIS officers on Lagos roads are in accordance with the law and not unlawful or unconstitutional,” he said.
The commissioner urged members of the public not to be misled by misrepresentations of the court judgments and to cooperate with VIS officers to avoid sanctions.
“The Lagos State Government will continue to ensure 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,” he assured.
Pedro, however, warned that the government would not tolerate obstruction of its officials.
“Any motorist on Lagos roads who disobeys or assaults a VIS officer in the course of performance of his statutory duty will be subject to arrest and prosecution by this ministry,” Pedro warned.
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