The Delta State Government has clarified that the recent Federal High Court judgment delivered in Abuja concerning the Vehicle Inspection Office (VIO) does not affect traffic enforcement activities in Delta State.
The clarification was made by the Director of Vehicle Inspection and Inspection Service in Delta State, Engineer Vincent Ehiwario, while briefing journalists in Asaba amid growing public debate over the implications of the Abuja ruling.
The Federal High Court judgment reportedly barred the VIO in the Federal Capital Territory (FCT) from confiscating vehicles on highways or imposing fines on offenders. However, Ehiwario explained that the ruling has been widely misinterpreted, with many Nigerians assuming it applies nationwide.
According to him, while Delta State respects the authority of the court, the judgment is limited strictly to Abuja and does not invalidate laws enacted by state governments to regulate traffic and motor vehicle administration within their jurisdictions.
Speaking during the media briefing in Asaba, Ehiwario noted that Nigeria operates a federal system under the 1999 Constitution of the Federal Republic of Nigeria, which clearly divides legislative powers between the Federal Government and the states.
He explained that road traffic management and motor vehicle administration fall under the residual powers of state governments. This means each state has the constitutional authority to enact its own traffic laws and establish agencies to enforce them.
“The court decision applies specifically to the Federal Capital Territory. If there were issues regarding the legal framework guiding VIO operations in Abuja, those issues are confined to Abuja,” he said.
He added that states such as Delta and Lagos have properly established VIO agencies backed by laws passed by their respective State Houses of Assembly.
In Delta State, the Vehicle Inspection Unit operates 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 routine highway patrols
Enforcing road traffic laws and regulations
Carrying out periodic vehicle inspections to determine roadworthiness
Ehiwario stressed that inspections are conducted only on public roads or at officially designated inspection centres. Officers do not carry out inspections in private homes or office premises.
He further explained that the law empowers the VIO to impound vehicles under specific circumstances. For example, vehicles that fail to carry required documents or registration particulars, or those found violating traffic regulations, may be impounded in accordance with Section 48 of the relevant Delta State legislation.
The Director also clarified that VIO officers do not create or arbitrarily impose fines. The authority to legislate fines rests with the Delta State House of Assembly, and such penalties are clearly stated in the state’s Revenue Law and traffic regulations.
“Our responsibility is enforcement, not lawmaking,” he said.
When a motorist commits an offence, the VIO officer informs the individual of the violation and the prescribed penalty under the law. If the motorist disputes the offence, the case is referred to a mobile court. It is the court—not the VIO—that determines liability and imposes fines where appropriate.
Ehiwario emphasised that the core mandate of the VIO is to promote road safety and protect lives. He noted that vehicles that are not roadworthy pose serious dangers to other road users and increase the risk of accidents.
“No responsible society allows unsafe vehicles to operate freely on its roads,” he stated. “Our duty is to ensure that defective vehicles are temporarily removed from circulation until they are made roadworthy.”
He assured residents that Delta State will continue to enforce traffic regulations strictly in accordance with the law, while ensuring professionalism, civility, and respect in interactions with motorists.
He also warned that any motorist who obstructs or assaults VIO officers while they are carrying out their lawful duties will face prosecution in line with existing laws.
Responding to a follow-up question from journalists, Ehiwario reiterated that the Abuja court ruling does not extend beyond the Federal Capital Territory.
“The judgment is limited to Abuja. It does not override valid state laws in places where VIO operations are properly backed by legislation. That is the correct legal interpretation,” he said.
The briefing comes as public discussions continue across Nigeria regarding traffic enforcement powers following the Abuja court decision.
