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.
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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.
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“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.”
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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.”
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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.
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“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.”
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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.
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Editor’s Note: FRSC has issued a statement to say this judgement was issued in 2014, and that its appeal is ongoing.
40 comments
This will encourage more corrupt practices. Nobody wanna go to court. People will rather do anything to bribe road safety officers than to go to court.
Once our commercial bus drivers hear court, all that comes to their minds are #Get a lawyer# #pay him# appear in court and go to prison.
Even me don’t like going to court except if i want to do declaration of age.
You just exhibited the mentality of an average Nigerian – refusal to embrace awareness on the assumption of a negative outcome, even when the lecture is free. Going to court doesn’t mean going to jail. It gives you the propensity of a fair hearing & to defend your civil right when it’s been challenged. Start thinking in that direction & you’ll be surprised at the level of intimidation it’ll save you.
So you are tacitly encouraging the illegality of the road safety in their usurpation of court powers?
Has the fact that they’ve been abusing powers they don’t have curbed corruption amongst them?
Nice one. Tbe organization has turned itself into a money generating body. They harrass motorists and collect bribe at will. What a shame
Here the need to strengthen mobile courts across the country. Because as we so have it now, your case can be in court for 2 years for just traffic offence. Nigeria need to wake up from its slumber.
The mobile courts are an illegality on its own. There us hardly any fair hearing. Meanwhile, I still want to find out about the authority of the trial judges in those courts and whether they have the powers to operate in that capacity.
There are offences that you don’t need fine but immediate action. Driving against traffic, why impose fine when all the punishment he needs is to go back to where he started from. In the sixties and seventies. VIO or police will make a remark on your particulars for first and second offence then let you go as warning. Third time you are then prosecuted. Instant monetary fines are never and will not be deterrent to those who have chosen to break the law. Only those who unknowly break theblaws will be fined by police and road agencies
I so appreciate this witty article. It stands to enlighten many individuals about their willpower in relating with FRSC. Its pertinent to say that many people are oblivious of this. Despite my conversant with news and rules am not an exclusion. Nice piece.
FRSC is still the sanest amongst them. Please when will someone take VIO to court? These are a bunch of touts in uniform. They are a disgrace on our roads. Tattered dressing, bad English and repugnant body odour
May be you live in Kaduna,until the arrival of Mallam.He took them(VIO) out by an announcement. Shikenan!
Nigerians hate laws, everybody wants to do things the way they like. You don’t want to be punish when you commit traffic offense, many reckless road users have destroyed precious lives, leaving many families in jeopardy.If not for their presence on our roads many of you being against them might have been dead by the reckless driving of Nigerian drivers.You hate them but you call them for rescue when you see road crash, many of them have parted this world as a result of the sicknesses and diseases contacted in the process of their rescue operations. Let them leave the road for one week and see what our roads will turn to. Also so the good side of them.
Your comment..Baca, nobody with reasonably thinking will hate this people. But what they are saying is that proper thing should be done. How will you feels after checking your car in the morning and everything is in order, then you go to work with it, reaching the road and they stop you , you were told that your break light is bad and the fine is 3k. Are they justify?
Why allow pple do wrong so u can punish them? If these agencies our out to help , we should not have bad roads. The bad spots are their check points. They do not care about mounting roadblocks in sharp bends, obviously they only care about extorting money from tax payers even on Sundays that ought to be warning days. What a spite ontax payers.
At last some change us actually happening, these people parade themselves as the law and at will throw finds on road users without necessary a just course simply because they wear uniform.and if you report their excesses to Nigerian police all you get is pat the find ,secure a release for your vehicle and proceed to court. This is a good one
That judgment is right. How can the FRSC be the complainant and the judge at the same time? That is against the principle of fair hearing and natural justice. They should take their tragic offenders before an impartial arbiter for prosecution that will be better.
On one hand I agree with the court that FRSC cannot turn itself to be a judge however I do not agree with the fact the judge in this case nullified that law that empowers FRSC to issue fine. Minor offences like traffic offence should not be allowed to congest our court system. The court has enough on its plate to deal with already. That power of FRSC should stay, however, individual should reserve the right to go to court only if the fine is excessive or unjustified. We need to sanity on our roads and court alone cannot do that. I believe that was the thinking of our lawmakers when they empowered FRSC.
I disagree with you Bosman. Anticidenst has also shown that the NCC fine imposed on MTN was also court short by the AGF, justifying that NCC does not have the statutory power within the law to impose in the first place. So you see, the law is becoming clearer to the common man. If you check clearly, the plaintiff said, within the law its N2000, but was give N3000 fine instead. There are mobile court everywhere which an offender could be taken to but such was not done. May as a result of playing on the culprits intelligence of not knowing the law. The reason such cannot be tried in developed countries, is because even an ordinary citizen knows the law.
FRSC is long over due to be brought to public attention. When a very young and articulate guy was appointed to head the Commission many of us thought that what Prof Dora did at NAFDAC was to happen in FRSC. But that never happened. What we got was ambushing of innocent motorists with sound vehicles while buses carrying our people are time bombs. Trailers and tankers on our roads are so road unworthy that they keep killing people daily. This Commission should shape in or shape out. Nigerian don’t deserve what they are giving us.
Nice one everybody will soon know is right.
nice one I love everybody’s comment. but let us wait and see whether something will be done to re-sharpen our laws or not. FRSC should not meant to impose fines on the citizens.
Kindly clarify me on the legality of Mobile Courts sitting at strategic points along highways to try trafic offences.
Please, can somebody help me, FRSC refused to bring my original driver’s license since almost two years that I’ve renewed it. FRSC officers kept harassing me on the road for the inefficiency of the FRSC.
Nigeria is like hell. The road safety officers and VIO and other authorities are just taking advantage of road users. In the first place is the Nigerian roads even worthy for vehicles, yet they ask you for road worthiness. Government should do first his duties before enforcing rules and fines.
God will help us
Your comment..A very good development.Kudus to our judiciary….
Please what’s the full citation of this judgement? Thank you.
Love this write-up. I have been twice victimized by these guys. I was fined for a cracked glass that was just a dot while their hand book indicated smashed glass. The lady told me it was her discretion to determine what is crack or smashed.Secondly,I was booked for using my fire extinguisher for someone else whose car was burning. I clearly told the officer that he can see the dust from the extinguisher; that I just used it now though he didn’t book me but I had to bribe him.
The road safety officers have turned themselves to God on d road,Govt should please do something asap
the problem is that most times we are so much in a haste that we don’t question the actions and demands of these law enforcement agents, we just want to settle and go. and they have also learnt to take advantage of our impatience. I salute the courage of this man that refused to pay #3000, but he challenged it in court and it was discovered that it was even supposed to be #2000.
Your comment..The thing of concern is that FRSC officers are several time guilty of the offences they fine people.They drive opposite traffic and others.
Please what is the punishment of not using the new biometric enable drivers lisence?
Change have come to Nigeria, the judge had the interest of average Nigerians on his mind when he passed the judgement. Kudos
The road safety boys are the accusers and the judges . What a fun ? A road safety guy requested to see my fire extinguisher and seeing it , he started spraying it into the air while he asked ‘what is this , is this a fire extinguisher ? ‘ He book me by seizing my driving license . He was not born when I had been driving in 1974 . Nigerian government practice wrong protocol .
Most often, FRSC official arresting and impounding clean cars and allow overloaded and un road worthy commercial vehicles thorugh fare for #200 or #1000 bribe as the case may be.l hate this agency with greatest animosity. FRSC ought to be abolished because it is multiplication of functions as they are doing the work of VIO and traffic police.
FRSC and VIO officials are thieves on the road.They will just find one reason to book you leaving commercial drivers to go scot free. They should be abolished. Like thieves, they stay on bad road spots to dupe motorist. Solution: accelerate when you see them do & Dont stop else u part with some cash.
I can’t tell if they are thieves in other roads but in all Osun roads they are not only extortioners, they are also impostor. They can fine you for staring at them even. This is corruption too. They have been collecting fines they are not legally supposed to collec, they are not different from highway robbers. Till this present time, they collect N200 on the roads frm the commercial vehicle drivers. They wrap it for them to avoid been charged or fined. I knew this would happned someday.thank God
The truth is dat if u remove dem out of d road,our road wl becom unbearable for other road users.At d same their exceses should be checked,an agency should nt be a judge ova his case,d complainant can neva be justified.l’m a regular road user l know wat we go tru in d hand of this touts called V.I.O in Lagos roads.They mostly do d job of d FRSC,if so why not aborlish d FRSC.B4 u get to where ur going,u wl encounter 3 V.I.O and 2 FRSC checkpoints. Motorists hav becom their ATM and dey ar very hapy at d job. Secondly,d kind of fine dey isue at d slightest ofence is quite outrageous.lf d citizens expect exactly wat d government expects frm us,dey wl neva hav d gut to stand on d road bcos there ar many thing dey ar yet to fix 4us.
Can FRSC book or fine someone on a State road instead of a Federal road?
There is a court of appeal judgment which held that FRSC can only operate on a federal road.
As long as am concerned, FRSC deserves no place in the country, they don’t do anything reasonable on the roads other than collect money from motorists,