Jubilation
as court removes FRSC’s power to fine motorists
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.
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