HomeSecurity TipsKnow Your Rights: Frsc ‘Can No Longer’ Fine Motorists, Court Rules

Know Your Rights: Frsc ‘Can No Longer’ Fine Motorists, Court Rules

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A federal high court in Lagos has declared void the 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 sections 10 (4) and 28 (2) of the FRSC Act 2007.

 

Another defendant in the suit was the attorney-general of the federation.

 

The judge also awarded N1 million 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 a 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 about imposition of a fine is a usurpation of judicial powers exclusively vested in the courts.

 

“In the circumstances, I endorse the plaintiff’s submission that by 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 the 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 NN1 million in his favour instead of the N10 million prayed for.

 

The Court of Appeal sitting in Lagos has ruled that the Lagos State Traffic Management Authority (LASTMA) has no authority to impose fines on motorists. The court disclosed this while giving its verdict on the case between a motorist, Jonathan Odutola and LASTMA which began in 2011.

According to Lagos reporters, the court disclosed that LASTMA was operating outside its jurisdiction by imposing fines on motorists. The Appeal Court said this while upholding a previous judgement given by Justice Okon Abang of the Federal High Court on September 16, 2011.

 

Justice Abang had ruled in favour of Odutola, stating that LASTMA trampled on the applicant’s fundamental right to human dignity as guaranteed by Section 34 of the 1999 Constitution by assaulting and arresting him, as well as, seizing and detaining his Pick-up van with registration number BE 736 KSF on March 18, 2011.

In the case of suit no FHC/L/CS/653/2011, Justice Abang awarded N500,000 as damages against LASTMA and ordered that it issue a public apology to Odutola.

LASTMA, however, appealed the decision of Justice Abang, but the Court of Appeal also ruled against the Traffic agency, as Justice Jamilu Yammama Tukur, Justice Biobele Abraham Georgewill and Justice Abimbola Osarugue Obaseki-Adejumo stated that, “By the provisions of section 1 (1) and (3) of the 1999 Constitution of the Federal Republic of Nigeria, the constitution is supreme and its provisions are binding on all authorities and persons in Nigeria.

“Therefore, if any law is inconsistent with any provisions of the constitution, the constitution shall prevail and that other law shall to the extent of that inconsistency be void.”

The court cited Nosdra vs Exxonnmobil (2018) LPELR -44210 (CA), pp 5-9 para.

LASTMA isn’t Judiciary: The Court stated that LASTMA has no judicial authority to enforce or impose fines, explaining that such an action taken by the agency isn’t enshrined in the constitution that the court represents. The court added that exercising such power makes LASTMA a judge, which the agency isn’t, and the court won’t condone the misrepresentation.

“The appellant (LASTMA) constituted itself into a court with judicial or quasi-judicial powers, when in fact, the law that created it did not donate such jurisdiction to it.

“There is, therefore, a lacuna in that law creating the appellant. Because the main crux of the respondent’s grievance bothers the imposition of a fine/penalty on it, I hold that there is no merit in this appeal whatsoever. I find the appeal as lacking in merit as same is hereby dismissed.”

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