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

the beginning of the End..

these yellow uniformed guys have been oppressing lagosians for a while now..
any offense, u pay 7k..
they seize the goods in d vehicles of public transport.
u see a road safety official sweating profusely as he drags a bag of yam to his house..
with thier loots they buy cars, build houses..


now.. agbada don hang for barb wire..
whats next for dem? daylight robbery?

Best news

A gud development buh wat of this useless lastma pple.
Wiv dis, am gonna b goin cruising wiv popsi Volvo 470,any fyn chic wanna cruise d city wiv mii...

gud. May be they should return the ones they have collected or they go jail