Justice James Tsoho of the Federal High Court in Lagos has declared that
the Federal Road Safety Commission (FRSC) has no constitutional powers to
impose fines on traffic offenders.
Justice Tsoho, who made this declaration while
delivering judgment on a suit filed by a lawyer, Tope Alabi, also held that
FRSC cannot turn itself into a court of law by punishing those who commit
traffic offences.
The judge also awarded the plaintiff N1million as
damages rather than the N10 million he asked for because FRSC confiscated his
vehicle and driver’s licence.
According to the court the FRSC acted under the
belief that it was statutorily empowered to so act.
adding that the corps’ innocent mistake “constitute
a mitigating factor as to the quantum of damages.”
The judge also held that the while FRSC is
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.’
Alabi had urged the judge to hold that only a court
of competent jurisdiction can 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.
The judge also declared the sections null and void
for being inconsistent with Section 6 of the 1999 Constitution.
Justice Tsoho held: “In the instance case, however,
the involvement of the element of arrest takes the imposition of fine by the
second defendant (FRSC) to the realm of criminal punishment.
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