FHC judgment barring VIO not applicable in Lagos, says Sanwo-Olu’s commissioner

Admin I Wednesday, October 09, 2024

 

LAGOS, Nigeria – The Commissioner of Transport in Lagos state, Oluwaseun Osiyemi has said  that the Federal High Court judgment barred men of the Vehicle Inspection Service VIO from stopping vehicles on the road, impounding erring vehicles and imposing fines on the owners of such vehicles does not apply in Lagos state.

In a statement,  the Commissioner stated that the ruling does not affect VIO operations in Lagos state.

‘’Following 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 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.

Recall that Justice  Justice Nkeonye Evelyn Maha on October 3, issued  an order in a judgment on a fundamental rights enforcement suit: FHC/ABJ/CS/1695/2023 filed by a human rights activist and public interest attorney, Abubakar Marshal.

Also affected by the order are the Director of Road Transport; the Area Commander, Jabi, and the Team Leader, Jabi, and the Minister of the FCT, also listed as respondents.

In the judgment,  Delivering the  judgment in the suit marked: FHC/ABJ/CS/1695/2023, the judge held 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 judge also made another order restraining the 1st to 4th respondents either through their agents, servants and or assigns from impounding, confiscating the vehicle of motorists and or imposing fine on any motorist as doing so is wrongful, oppressive and unlawful by themselves.

In addition, Justice Maha made 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.