The Federal High Court in Lagos has ruled that the Federal Road Safety Corps (FRSC) lacks the powers to impose fines on erring motorists.
Justice James Tsoho held that FRSC cannot turn itself into a court of law by punishing those who commit traffic offences. The court gave this judgment in a suit filed by one lawyer, Mr Tope Alabi.
The lawyer had asked the court to declare that only a court of competent jurisdiction can pronounce a person guilty under Section 10 sub section (4) and 28 subsection (2) of the FRSC (Establishment Act) 2007 and Regulation 143 of the Nigerian Roads Traffic Regulation, 2011.
The judge declared the sections null and void for being inconsistent with Section 6 of the 1999 Constitution which vests judicial powers in the courts.
The judge also awarded N1 million as damages to the lawyer because FRSC confiscated his vehicle and driver’s license.
Justice Tsoho held that 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.
Justice Tsoho further held that FRSC’s imposition of fine on the plaintiff because of his cracked windscreen is illegal.
The judge said though the National Assembly is empowered to make laws, it cannot go outside the limits set by the 1999 Constitution.
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