NEWS  July 29, 2016  Christopher Oyimadu

A federal high court in Lagos has declared void powers of the Federal Road Safety Corps (FRSC) to impose fines on motorists for traffic offences.

John Tsoho, a judge, held that the commission could not turn itself into a court of law by punishing those who commit traffic offences.

Tope Alabi, a lawyer, 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.

The judge also awarded N1million damages in favour of the plaintiff because officials of the FRSC had
confiscated his vehicle and driver’s licence.

Tosho said while FRSC was statutorily empowered to
arrest and fine traffic offenders, a closer look at the
definition of the word “fine” meant a pecuniary criminal punishment or civil penalty payable to the public treasury.

“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,” he said.
“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.”

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,” he ruled.

“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.”

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 September 9, 2013.

“The vital question to ask is how long would it take the FRSC to reasonably commence prosecution of a traffic offence?” he asked.

“The plaintiff was not under obligation to wait
indefinitely for redress due to FRSC’s inaction or laxity.

“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, awarding N1million in his favour instead of the N10 million prayed for.


www.breakingnews.ng/2016/07/29/jubilation-as-court-removes-frscs-power-to-fine-motorists/

Is this film trick

Exactly but I know they won't listen ..Nigerian govt agencies disregard court orders the same way gold diggers disregards a broke man

The last hope for the common man.

Correct!
FRSC abeg come and fine me. I need 1M naira.

idupaul:
Exactly but I know they won't listen ..Nigerian govt agencies disregard court orders the same way gold diggers disregards a broke man

Lol
Broke niggaz don suffer.

...na who de obey court order dez days Mtschwww

AngryNigerian:
...na who de obey court order dez days Mtschwww

If Buhari can disobey court order,Then FRSC can also follow suit......

FRSC must return all those money they collected from us on Sundays for no just cause

So, because a lawyer is arrested and fined for an offence he took the case to his fellow lawyers to disprove the law of the federal republic of Nigeria, abi? We go see.

Lawyers have lost importance in the society except to the extent in which they are valued.

Thugs are more respectable these days sef.

Yes.. It will reduce stealing

amazing..

jamace:
So, because a lawyer is arrested and fined for an offence he took the case to his fellow lawyers to disprove the law of the federal republic of Nigeria, abi? We go see.

Lawyers have lost importance in the society except to the extent in which they are valued.

Thugs are more respectable these days sef.

dont be silly. Now get this warning: never comment without using ur brain again.

sluk:



dont be silly. Now get this warning: never comment without using ur brain again.

Blinded by sentiment. Please keep your blind loyalty to yourself.