FHC judgment on Abuja VIO is inapplicable in Lagos State - Mr. Lawal Pedro, SAN. Lagos State Hon Attorney General and Commissioner for justice
My attention has been drawn to the judgment of the Federal High Court in Abuja barring the Directorate of Road Traffic Services (otherwise known as VIO) of the Federal Capital Territory Abuja from further stopping vehicles on the road, impounding or confiscating vehicles, and imposing fines on motorists.
Also, I have read different reactions in news and social media on the likely effect of the judgment on the operations of VIO in Lagos State.
I have read the judgment and it is my respectful view that that the judgment is not a judgment in Rem but in personam or inter partes. Therefore it is binding only on the parties to the lawsuit and by no stretch of imagination of interpretation can the judgement be extended to or applicable in Lagos State.
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, is that there is no law which empowers the VIO in Abuja to stop, impound seize, or impose fines on motorists. If that is so, the judgment is correct.
In Lagos State, there is in place a law that provides for the establishment of VIO Unit, its structure, power and fines that can be imposed for violations. These are contained in the Transportation sector Law of Lagos State in Part II Section 11-22 of the law while the fines are in the schedule to the law.
Therefore the decision of the Federal High Court Abuja is inapplicable to the operations and powers of the VIO in Lagos State. Motorists in Lagos State are therefore advised to continue to be law abiding and respect the VIO on Lagos roads.
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