A Federal High Court in Lagos has stripped the Federal Road Safety Corps of its power to impose fine on traffic offenders.

Justice James Tsoho, in a judgement delivered on September 26 declared that the FRSC, not being a court of law, could not on its own, impose fine on offending motorists as punishment for  traffic offences.

The judge held that Section 28(2) of the FRSC Act, 2007, which empowers the corps to fine motorists, was in conflict with Section 6 of the Constitution and, as such, it could not stand.

He said, “Basically, an unconstitutional legislation is null and void. That is, therefore, the effect of Section 28 (2) of the FRSC Act, 2007, which has purportedly conferred power on the second defendant (FRSC) to impose fine, which is a judicial function. Such power is unconstitutional and unenforceable.

“The FRSC is not constitutionally vested with judicial powers and cannot and should not under any guise purport to function as a court with competence to impose fine on alleged offenders.

“Much as the FRSC seems to have passionate zeal for traffic law enforcement, it cannot be allowed to do so in breach of constitutional provisions.

“It is necessary to add that even in respect of strict liability offences, a court of law should appropriately declare the guilt of an alleged offender and then impose fine.

“FRSC’s function should not go beyond issuance of mere notices of offence.”

A lawyer, Mr. Tope Alabi, had sued the FRSC, asking for N10m as damages for impounding his car and imposing a fine of N3,000 on him.

Also joined as defendants in the suit marked FHC/L/CS/1234/13 were the National Assembly and the Attorney-General of the Federation, Mohammed Adoke (SAN).

The lawyer had prayed the court to declare that only a court of competent jurisdiction could pronounce a person guilty under Section 10 (4) and 28 (2) of the FRSC (Establishment Act), 2007 and Regulation 143 of the Nigerian Roads Traffic Regulation, 2011.

Justice Tsoho, in his judgement, said FRSC resorted to “legislative absurdity” when it imposed a fine of 3,000 on Alabi rather than the N2,000 statutorily prescribed.

“The point must be made that it is a cardinal principle of natural justice that no person be condemned without being heard. It is in observance of this that a person alleged to have committed an offence has to respond to such allegation before a court of law during trial,” he held.



http://www.punchng.com/news/court-stops-frsc-from-imposing-fine-on-traffic-offenders/

Nice, knowing the law is really a plus, who could have known?

Where is the justice in this case, like virtually other cases in Nigerian courts.
Looking at the case number, one can deduce that the suit began 2013 (stand to be corrected); meaning the man's car would still be in custody of the FRSC gathering dust (and even damaged!); imagine if he has to pay legal fees to a lawyer (luckily he is one). Govt (frsc) will still appeal then what...
The celebrated case of LASTMA is still in court.

If only cases could be expeditiously treated (and obeyed; another topic entirely) then we can talk of celebrating. I know of cases in court for 30yrs & more.

This is, sadly, a pyrrhic victory.

Finally the court is working this type of judgment is what Nigeria really needs where everyone is judged by the law as written or interpreted by the court not some random individual

I wish those useless oshiomole boys in Benin could be judged also.
Funny enough, those useless boys now have tactics to make people violate traffic.
They have colleagues who wear mufti and stay in their personal rickety cars to block you on traffic, only for them to move at the time the light will be against you.
If you move na gobe, if you no move same gobe.
I wonder what their mission is because most of the time people don't violate these rules in Benin before those toutish warders stop you.
If you are a novice in Benin, please wind up, pin down and turn on your AC while driving on
1. Sapele road (before/after kada cinema)
2. Ring road (them no dey waste time to stop you)
3. I think they call it 5-junction (coming from ugbowo towards new-benin and vice versa)