PRESS RELEASE: FOR IMMEDIATE USE
ABUJA: SUNDAY, 9 NOVEMBER, 2014.
Our attention has been drawn to some media
reports concerning the statutory functions of
the Federal Road Safety Commission (FRSC)
which gave erroneous impressions on some
recent judicial pronouncements.
Conscious of the negative implications that
such insinuations could have on
unsuspecting members of the public and in
view of the need to clear the air on the
matter, we wish to point out that while there
were cases decided against the FRSC in the
recent past, there were equally others that
were in favour of the Commission, as
delivered both at the High Courts and the
Court of Appeal.
It is pertinent to further state that in the
hierarchy of courts and based on the principle
of decided cases, the decisions of Appellate
Courts are superior to those of Lower Courts.
Accordingly, we wish to state that the recent
Court of Appeal judgment in favour of FRSC
in the case of FRSC vs. Emmanuel Ofoegbu
supersedes that of the High Court judgments.
For the avoidance of doubt, some of the
highlights of the decided cases involving
FRSC from January 2014 to 31st October,
2014 are that of 7th March, 2014, in Suit No .
FHC/AB/CS/164/2013 between Kabir
Akingbola Esq. and FRSC & 3 others. The
Plaintiff/Applicant had filed an Originating
Summons under the Fundamental Human
Rights Enforcement Procedure at the Federal
High Court, Abeokuta where he sought for
judicial determination of the following, among
others;
Whether the Federal Road Safety Commission
had the requisite powers to impose fines
summarily on the applicant for allegedly
committed traffic offence without being tried
by a judicial tribunal?
Whether seizure of the car of the applicant
did not amount to breach of his right to own
property?
Whether the Respondent’s act of impounding
the applicant’s car with his professional wig
and gown did not amount to breach of his
right to life?
After considering the case of both parties, the
Federal High Court, Abeokuta held, inter-alia,
that neither the Federal Road Safety
Commission (Establishment) Act, 2007 nor
the National Road Traffic Regulations, 2012
had any provision making the determination
of their authority final, and that applicant had
every right to have refused to pay the fine
stipulated in the Notice of Offence and to
have opted for a judicial interpretation which
the Notice of Offence indicated. Applicant
however opted to pay the fine before
complaining. Therefore, the Applicant failed to
prove a case of violation of his Fundamental
Rights and his application was dismissed in
favour of the FRSC.
In another case of 26th March, 2014- Suit No
FHC/L/CS/436/09 between Bren Williams
Nigeria Ltd vs. FRSC instituted at the Federal
High court, Lagos by the applicant, he sought
the following reliefs;
A Declaration that the defendant (FRSC), its
officials, servants and/or agents had no
constitutional power or authority to arrest,
detain the 2nd Plaintiff.
A Declaration that the defendant (FRSC) its
officials and/or agents had no constitutional
power or authority to arrest, detain and
impose fines on the 1st Plaintiff in respect of
its pick-up van with registration number CG
691 MUS.
A Declaration that the defendant had
adjudged the 2nd Plaintiff guilty on the spot
at Ikorodu by ordering the 2nd Plaintiff to
proceed to Epe to pay a fine of N3,000
stipulated in the Notice of Offence while the
pick-up van was being detained.
Order of perpetual injunction restraining the
FRSC from further arresting, detaining and
imposing fine charges on the 1st Plaintiff’s
pick-up van.
Hon. Justice JT Tsoho , presiding, held, inter-
alia, that FRSC was statutorily entitled to
arrest the plaintiff’s vehicle for road traffic
violation and having done so, without more,
the plaintiffs could not establish a case of
false imprisonment as alleged and so the
plaintiffs’ action failed, and the prayer for
perpetual injunction was unfounded and
unconscionable. The Court further held that it
would not inhibit the defendant (FRSC) from
performing its statutory functions.
Furthermore, on 26th March, 2014, in Suit
No. FHC/L/CS/1332/13 between Emmanuel
A. Ofoegbu and FRSC, the plaintiff sought the
following reliefs among others;
An Order of the court declaring that
threatening to arrest and/or arresting the
plaintiff and/or impounding his vehicle as
from 1/10/2013 or any other date for using a
number plate pursuant to the National Road
Traffic Regulations, 2004 without any law
validly made in accordance with the 1999
Constitution prohibiting the use of the said
number plate and/or declaring its use, an
offence and prescribing penalty thereof in a
written law was a violation of applicant’s
fundamental rights under Section 36(12) of
the 1999 Constitution.
An Order of Injunction restraining the FRSC
from arresting the applicant or his vehicle for
using the said number plate…etc.
Justice JT Tsoho, presiding, held, inter-alia
that, FRSC had no statutory powers to set
deadlines for change over the new number
plates since there was no enabling law to
that effect. This decision was immediately
appealed against by the FRSC and on 31st
October, 2014, and the Court of Appeal sitting
in Lagos, unanimously held that FRSC had
statutory powers in line with the 1999
Constitution under the FRSC (Establishment)
Act, 2007 and National Road Traffic
Regulations, 2012 to regulate the use of
number plates and to set deadlines for
change over to new ones as provided for in
the National Road Traffic Regulations, 2012.
On 30th June, 2014, in Suit No. A/136/2014
– Chief Ajefo Ekwo vs. FRSC, in a case
instituted by the Plaintiff/Applicant at the
Anambra State High Court Awka, the
applicant had sought the following reliefs;
A declaration that the mandatory directive
issued by FRSC to all motorists presently
registered to re-register their vehicles for the
purpose of replacing their old number plates
with new ones was illegal and
unconstitutional.
A declaration that FRSC had no authority or
power under any existing law to enforce
compliance with the said directive.
A declaration that FRSC had no powers under
any existing law to discontinue the use of
old vehicle registration licences and driver’s
licences and direct the issuance of new
vehicle registration licences and driver’s
licence in place of existing ones.
A declaration that FRSC had no powers under
the law to engage in the production of motor
vehicle number plate and driver’s licence.
A declaration that FRSC had no powers to
impound any vehicle which failed to re-
register and obtain new number plates.
Order of perpetual injunction restraining the
FRSC or its agents from putting into effect the
mandatory directive for abrogation of existing
vehicle number plates etc.
The Chief Judge of Anambra State, Hon.
Justice peter Umeadi, after considering the
case of both parties held, inter-alia, that the
FRSC (Establishment) Act, 2007 and the
National Road Traffic Regulations, 2012 are
existing laws made pursuant to the 1999
Constitution and that the FRSC legitimately
derived its powers to produce and regulate
the use and design of vehicle number plates
and driver’s licence as well as arresting
suspected offenders and detaining vehicles
that violate road traffic regulations under the
existing law.
In the case of 4th July, 2014 between Gideon
Ndubuisi vs. FRSC, Suit No. OKP/
HC/15/2013, the applicant had challenged
the powers of FRSC to impound his vehicle
and impose fines when he had not been tried
and found guilty by a competent court. The
Benue State High Court sitting at Otukpo and
presided over by Hon. Justice DE Igoh, held,
inter-alia that FRSC was statutorily
empowered to arrest applicant and impound
his vehicle for committing road traffic
offences.
Yet in the case of 26th September, 2014, Suit
No. FHC/L/CS/1234/13, between Tope Alabi
vs. FRSC & 2 others, the applicant had filed
an action at the Federal High Court Lagos,
seeking among others, a declaration that his
arrest, seizure of his driver’s licence, vehicle
papers and imposition of fines by the FRSC
without an Order of court was illegal, null and
void. Hon. Justice JT Tsoho presiding held,
inter-alia, that FRSC had no powers to
impose fines and that such would amount to
usurpation of court functions.
We appeal to members of the public to
contrast this decision with the earlier one in
the Bren Williams case by the same court.
Consequently, an Appeal against this
decision is being processed.
On 31st October, 2014, in deciding the case
between FRSC vs. Emmanuel Ofoegbu, in Suit
No. CA/L/412/2014, the Court of Appeal
sitting in Lagos, overruled the judgment of
the Federal High Court (supra) decided in
March, 2014, and held, inter-alia, that the
FRSC (Establishment) Act, 2007 and the
National Road Traffic Regulations, 2012 were
valid laws made pursuant to the 1999
Constitution and that the provisions of the
NRTR, 2012 were enforceable from 1st
October, 2013, the deadline earlier set by
FRSC.
We have taken pains to briefly highlight the
above cases so that members of the public
would have a clear perception of issues
involved as well as the current position of the
law. We believe that there are enough judicial
pronouncements to the fact that FRSC has
adequate legal and statutory backing to
perform its functions as stated in the Federal
Road Safety Commission (Establishment) Act,
2007 and the National Road Traffic
Regulations, 2012.
It is also evidently clear that those
brandishing the judgment in the Tope Alabi
case as delivered in September, 2014 as
against the plethora of other cases from the
Federal and State High Courts that were in
favour of FRSC which emphasized the
constitutional powers of FRSC to arrest erring
road traffic offenders, impound vehicles used
to commit such offences and impose
statutorily stipulated fines for such offences
are deliberate mischief makers bent on
misleading unsuspecting members of the
public for reasons best known to them.
More importantly, the October 31st 2014
judgment of the Court of Appeal in FRSC vs
Emmanuel Ofoegbu made it abundantly clear
that FRSC has statutory and constitutional
powers to arrest, detain vehicles of road
traffic violators, regulate and set deadline for
the usage and renewal of motor vehicle
licenses, number plates and driver licenses.
The Corps Marshal and Chief Executive of the
Federal Road Safety Corps, Boboye Oyeyemi
therefore, appeals to members of the public to
disregard such people, and urges road users
to obey extant road traffic laws and
regulations in their overall legal and safety
interests. Corps Marshal Oyeyemi assures
members of the public that FRSC and its
operatives will continue to perform within the
ambit of the law, and seeks the understanding
and collaboration of all citizens as we strive
to evolve a safer road environment that
would be immensely beneficial to all of us as
individual road users and our nation at large.
Finally, as the year winds to a close, the
Corps Marshal appeals to all road users to
use the road carefully so that we can all have
a crash-free, peaceful and joyful yuletide
celebration.

Sani Abdullahi
Superintendent Route Commander,
Media Assistant to the Corps Marshal and
Chief Executive,
Federal Road Safety Corps,
National Headquarters, Abuja.
9 November, 2014

God bless Nigeria God bless FRSC