A Federal High Court in
Lagos has voided the
powers of the Federal Road
Safety Corps (FRSC) to
impose fines on motorists
for traffic offences.
Justice John Tsoho held that
the FRSC could not turn
itself into a court of law by
punishing those who
commit traffic offences.
A lawyer, Tope Alabi, had
approached 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 Act 2007.
Other defendant in the suit
was the Attorney General of
the Federation.
A copy of the judgment
made available to newsmen
in Lagos on Wednesday
quotes Justice Tsoho as
declaring the sections null
and void for being
inconsistent with Section 6
of the 1999 Constitution.
The judge also awarded N1
million damages in favour of
the plaintiff because
officials of the FRSC had
confiscated his vehicle and
driver’s licence.
According to him, while
FRSC was statutorily
empowered to arrest and
fine traffic offenders, a
closer look at the definition
of the word “fine” means a
pecuniary criminal
punishment or civil penalty
payable to the public
treasury.
Justice Tsoho said: “In the
instant case, however, the
involvement of the element
of arrest takes the
imposition of fine by the
FRSC to the realm of
criminal punishment.
“From these definitions, it is
obvious that the act of
sentencing is a judicial
action or exercise, and
imposition of fine connotes
conviction for an alleged
offence.
“It is thus very clear that
the FRSC, not being a court
of law, cannot impose fine,
especially as it has no
powers to conduct trial.
“Hence, the exercise of the
statutory powers given to
the defendant under the Act
as pertain to imposition of
fine is clearly a usurpation
of judicial powers
exclusively vested in the
courts.
“In the circumstances, I
endorse the plaintiff’s
submission that by virtue of
Section 1(3) of the
Constitution, the power to
impose fine conferred on
FRSC by the enabling Act is
null and void to the extent
of its inconsistency with the
Constitution,” the judge
held.
Besides, Justice Tsoho held
that the FRSC resorted to
“legislative absurdity” when
it imposed a fine of 3,000 on
the plaintiff, rather than the
N2,000 statutorily
prescribed.
“FRSC’s function should not
go beyond issuance of mere
notices of offence.
“It is a cardinal principle of
natural justice that no
person can 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 said.
According to the judge, the
plaintiff was issued a Notice
of Offence Sheet on April 4,
2013, but FRSC did not take
him to court for five months
before the plaintiff filed his
suit on Sept. 9, 2013.
“The vital question to ask is
how long would it take the
FRSC to reasonably
commence prosecution of a
traffic offence?
“The plaintiff was not under
obligation to wait
indefinitely for redress due
to FRSC’s inaction or laxity,”
the judge added.
“I hold the view that the
confiscation of the vehicle
was unnecessary in the first
place, though the FRSC
spiritedly sought to justify
it.”
The judge then granted 11
of the 14 reliefs sought by
the plaintiff, adding that he
also awarded N1million in
his favour instead of the
N10 million prayed for.
Justice Tsoho held that the
FRSC acted under the belief
that it was statutorily
empowered to do so, adding
that its innocent mistake
constituted a mitigating
factor as to the quantum of
damages.

www.nigerianbulletin.com/threads/court-strips-frsc-of-power-to-fine-motorists-for-traffic-offences.98959/

“It is thus very clear that
the FRSC, not being a court
of law, cannot impose fine,
especially as it has no
powers to conduct trial.
“Hence, the exercise of the
statutory powers given to
the defendant under the Act
as pertain to imposition of
fine is clearly a usurpation
of judicial powers
exclusively vested in the
courts.
“In the circumstances, I
endorse the plaintiff’s
submission that by virtue of
Section 1(3) of the
Constitution, the power to
impose fine conferred on
FRSC by the enabling Act is
null and void to the extent
of its inconsistency with the
Constitution,” the judge
held.
“FRSC’s function should not
go beyond issuance of mere
notices of offence.
“It is a cardinal principle of
natural justice that no
person can 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 said.
“The vital question to ask is
how long would it take the
FRSC to reasonably
commence prosecution of a
traffic offence?
“
“I hold the view that the
confiscation of the vehicle
was unnecessary in the first
place, though the FRSC
spiritedly sought to justify
it.”
The judge then granted 11
of the 14 reliefs sought by
the plaintiff, adding that he
also awarded N1million in
his favour instead of the
N10 million prayed for.
Justice Tsoho held that the
FRSC acted under the belief
that it was statutorily
empowered to do so, adding
that its innocent mistake
constituted a mitigating
factor as to the quantum of
damages.

.

I hope the same applies to Lastma.
What is good for the sauce is good as well for the gander.If anything, the FRSC folks are by a long shot more professional than the party touts the Lagos State government has empowered in uniform to make life miserable for drivers in Lagos.

Ok

But how do you issue fines in a system without concerted database? Seize their driving licence which they can easily reproduce in oluwole or what?

Nigerians can't ever get anything right. What a sad society.

1. Collate accurate and reliable data of drivers.

2. Do same for the vehicles.

3. Link police cars with computers that can access such data immediately a driver is pulled over

5. Set up traffic courts.

6.Ensure that tickets/fines can only be written by law enforcement for traffic violations, with the alleged offender given the option of paying the fine into Government accounts or going to court to challenge the alleged traffic infraction against him/her.

7. Put in place measures that'll ensure bribes cannot be given/taken in exchange for lower tickets when a driver is pulled over.

8. All these are fantasies because Nigeria is a sick and uber corrupt country that doesn't believe in development or moving with the rest of the successful parts of the world.

GEJ till Nigeria realizes that supporting mediocrity in Govt will make them backwards and keep the country in poverty till the end of time.