By Onomiguren Agbamu
The Director of Vehicle Inspection and Inspection Service in Delta State, Engineer Vincent Ehiwario, has said that the recent Federal High Court judgment delivered in Abuja barring the Vehicle Inspection Office (VIO) from confiscating vehicles or imposing fines is not applicable to Delta State.
The court ruling, which has been generating public debate, reportedly restricted VIO operations within the Federal Capital Territory (FCT), Abuja.
The Director who spoke with journalists in Asaba gave the clarification that Nigerians have misinterpreted the judgment as a nationwide ban on VIO activities.
He said the state government respects the court’s decision, but the ruling is specific to Abuja and does not invalidate traffic enforcement laws in other states.
Ehiwario explained that Nigeria operates a Federal system of Government under the 1999 Constitution as amended, but legislative powers are divided between the Federal Government and the states.
He emphasized that road traffic management and motor vehicle administration fall under the residual powers of the states that gave the states constitutional authority to establish their traffic laws and create agencies to enforce them.
He said, “The Abuja ruling applies specifically to the Federal Capital Territory. If there was a legal gap in the statutory backing of VIO operations in Abuja, that issue is peculiar to Abuja alone.
“Delta and Lagos have properly established VIO agencies through laws passed by their respective State Houses of Assembly.”
In Delta State, the Vehicle Inspection Unit is established under the Laws of Delta State, Volume 4, Part 3, Section 1, under the Ministry of Transport.
The law clearly outlines the responsibilities of the VIO, which include conducting highway patrols, enforcing road traffic laws and regulations, and carrying out periodic inspections of vehicles to determine roadworthiness.
He further stated that Delta State laws provide for the impounding of vehicles that fail to carry required particulars or violate traffic regulations, which may be impounded in line with Section 48 of the relevant legislation.
The Director also clarified that VIO officers do not create fines, but only the Delta State House of Assembly has the authority to legislate fines, which are clearly outlined in the state’s Revenue Law and traffic regulations.
He hinted that “when a motorist commits an offense, the VIO officer informs the individual of the violation and the prescribed penalty. If the motorist chooses to contest the offense, the matter is referred to a mobile court. It is the court—not the VIO—that imposes fines where applicable.”
While noting that the primary responsibility of the VIO is to ensure road safety. Adding that vehicles that are not roadworthy pose serious dangers to other road users.
“Our duty is to ensure that unsafe vehicles are removed from the road until they are made roadworthy,”
However, he warned that any motorist who disobeys or assaults VIO officers while they are carrying out their lawful duties will face prosecution.
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