TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

FRSC lacks powers to impose fines on motorists – Court

The Citizen by The Citizen
November 6 2014
in Headlines, Latest News, Uncategorized
A A
0
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter

A Judge of the Federal High Court, Lagos, Justice James Tsoho, has ruled that the Federal Road Safety Commission (FRSC) does not have the powers to impose fines on motorists.

  The decision of the court arose from a suit filed by a lawyer, Mr. Tope Alabi, challenging the powers of the Commission to impose fine on erring motorists.

  Justice Tsoho, in his judgment delivered on September 6 which copies were released yesterday, held that FRSC cannot turn itself into a court of law by punishing those who commit traffic offences.

  The plaintiff had prayed the court to declare 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 declared the sections null and void for being inconsistent with Section 6 of the 1999 Constitution.

  He also awarded N1 million damages to the plaintiff because FRSC confiscated his vehicle and driver’s licence. “It is my conviction that the plaintiff is entitled to remedy on this account,” he said.

  Justice Tsoho said 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.’

  “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.

  “It is noteworthy that a fine, when viewed from that perspective, is a component of sentence.

  “From these definitions, it is obvious that the act of sentencing is a judicial action or exercise. Imposition of fine connotes conviction for an alleged offence. This pre-supposes a trial and conviction of the person fined, especially having regard to the definition of sentencing.

  “It is, thus, very clear that the FRSC, not being a court of law, can not impose fine, especially that it has no powers to conduct trial. 

  “Hence, the exercise of the statutory powers given to the second defendant under the Act as pertain to imposition of fine is clearly a usurpation of judicial powers exclusively vested in the courts,” the judge held.

  He further held that FRSC’s imposition of fine on the plaintiff because of his cracked windscreen is illegal.

  “In the circumstances, I endorse the plaintiff’s submission that by virtue of S.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 Section 6 of the Constitution,” the judge held.

  The judge said though the National Assembly is empowered to make laws, it cannot go outside the limits set by the 1999 Constitution.

  “Basically, an unconstitutional legislation is null and void. That is, therefore, the effect of Section 28 (2) of the FRSC Act 2007 which has purportedly conferred power on the second defendant to impose fine, which is a judicial function. Such power is unconstitutional and unenforceable.

  “The FRSC is not constitutionally vested with judicial powers and cannot and should not under any guise purport to function as a court, with competence to impose fine on alleged offenders.

  “Much as FRSC seems to have passionate zeal for traffic law enforcement, it cannot be allowed to do so in breach of constitutional provisions.

  “It is necessary to add that even in respect of strict liability offences, a court of law should appropriately declare the guilt of an alleged offender and then impose fine. 

  “FRSC’s function should not go beyond issuance of mere notices of offence,” the judge said.

  Besides, Justice Tsoho said FRSC resorted to “legislative absurdity” when it imposed a fine of N3,000 on Alabi rather than the N2,000 statutorily prescribed.

  “The point must be made that it is a cardinal principle of natural justice that no person 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,” he held.

  According to the judge, Alabi was issued a notice of offence sheet on April 4 last year, but FRSC did not take him to court for five months before the plaintiff filed his suit on September 9 last year.

  “The vital question to ask is how long would the second defendant reasonably take to commence prosecution of a traffic offence? The plaintiff was not under obligation to wait indefinitely for redress due to FRSC’s inaction or laxity,” the judge added.

  The judge faulted FRSC’s practice of detaining vehicle whose drivers commit traffic offences.

  He said: “I hold the view that confiscation of the vehicle was unnecessary in the first place, though the second defendant (FRSC) spiritedly sought to justify it.

  “The seemingly indefinite retention of the plaintiff’s vehicle papers and driver’s licence by officers of the second defendant is totally unreasonable, insensitive and unacceptable.

  “The confiscation no doubt deprived the plaintiff of the use of the vehicle for as long as it lasted and also custody of his vehicle papers and driver’s licence.”

  The judge granted 11 of the plaintiff’s 14 reliefs, and said he was awarded N1 million rather than the N10 million Alabi prayed for because “FRSC acted under the belief that it was statutorily empowered to so act,” adding that the commission’s innocent mistake “constitutes a mitigating factor as to the quantum of damages.”

  The National Assembly, FRSC and the Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN), were the defendants in the suit with reference No. FHC/L/CS/1234/13. – Guardian.

Share9Tweet6
Previous Post

‘Women more reliable than men in politics’, says Obasanjo

Next Post

President Jonathan to attend ECOWAS emergency summit on Ebola today

Related Posts

JAMB reschedules mock UTME  to April 10
Headlines

FG denies scrapping JAMB requirement for admission into tertiary institutions

October 17 2025
Insecurity and incompetence of security chiefs – Punch
Headlines

Bandits ambush security operatives, kill eight in Zamfara

October 17 2025
Senate confirms Amupitan as INEC Chairman
Latest News

Senate confirms Amupitan as INEC Chairman

October 17 2025
Vacations and governance: Why President Tinubu’s trip matters -Guardian
Headlines

Presidential pardon still under review, says Fed Govt

October 17 2025
Senate confirms Amupitan as INEC Chairman
Headlines

Senate confirms Amupitan as INEC Chairman

October 16 2025
Police arraign four ex-Anambra security operatives for assaulting corps member
Latest News

Police arraign four ex-Anambra security operatives for assaulting corps member

October 16 2025
Next Post

President Jonathan to attend ECOWAS emergency summit on Ebola today

2015: Vote out Jonathan for Nigeria to progress - Tambuwal

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Olubadan unveils legal committee to tackle land grabbing

Olubadan unveils legal committee to tackle land grabbing

by The Editor
October 15 2025
0

...

Birnin Gwari needs urgent federal intervention – Emir tells Tinubu

Birnin Gwari needs urgent federal intervention – Emir tells Tinubu

by The Editor
October 13 2025
0

...

Rivers court adjourns hearing on LG poll legitimacy

Rivers court adjourns hearing on LG poll legitimacy

by The Editor
September 16 2025
0

...

Osun households get free food items

Osun League of Imams & Alfas urges Tinubu to intervene in LG withheld funds

by The Editor
August 27 2025
0

...

APPOINTMENTS

Tinubu seeks Omidiran, 28 others’ confirmation as FCC members

Tinubu seeks Omidiran, 28 others’ confirmation as FCC members

by The Editor
October 15 2025
0

...

Okpebholo swears in 19 commissioners, warns against corruption

Okpebholo swears in 19 commissioners, warns against corruption

by The Editor
October 15 2025
0

...

Fubara drops Danagogo, appoints Anabraba as Rivers SSG

Fubara drops Danagogo, appoints Anabraba as Rivers SSG

by The Editor
October 13 2025
0

...

Savannah Energy signs agreement with Chadian govt for new renewable energy projects

Savannah Energy announces board changes, appoints two Nigerians as Independent Non-Executive Directors

by The Editor
October 9 2025
0

...

ODDITIES

Lagos to probe school over alleged sodomy

Father impregnates 15-year-old daughter in Ondo

by The Editor
October 17 2025
0

Court orders exhumation, autopsy of Afriland Towers fire victims

Court orders exhumation, autopsy of Afriland Towers fire victims

by The Editor
October 15 2025
0

Slain husband’s dad forgives Maryam Sanda, backs Tinubu’s pardon

Slain husband’s dad forgives Maryam Sanda, backs Tinubu’s pardon

by The Editor
October 14 2025
0

GLOBAL NEWS

Trump, Putin to meet in Budapest over Ukraine war

Trump, Putin to meet in Budapest over Ukraine war

by The Editor
October 17 2025
0

...

2026 Hajj: Saudi govt approves 66,910 slots for Nigeria

2026 Hajj: Saudi govt approves 66,910 slots for Nigeria

by The Editor
October 17 2025
0

...

Trump persuades India to stop buying Russian oil

Trump persuades India to stop buying Russian oil

by The Editor
October 16 2025
0

...

Former Kenyan Prime Minister Raila Odinga dies in India

Former Kenyan Prime Minister Raila Odinga dies in India

by The Editor
October 15 2025
0

...

US revokes visas of six foreigners for celebrating Charlie Kirk’s assassination

US revokes visas of six foreigners for celebrating Charlie Kirk’s assassination

by The Editor
October 15 2025
0

...

State of the States

21.8% North-East residents HIV positive – NBS …as 16,000 die from HIV complications in Borno

Adamawa records 8,850 new HIV infections in four years

by The Editor
October 17 2025
0

...

Zamfara APC condemns state govt’s mass sacking of civil servants

Zamfara APC condemns state govt’s mass sacking of civil servants

by The Editor
October 14 2025
0

...

Gov. Otti set to build modern fire station in Umuahia

Gov. Otti set to build modern fire station in Umuahia

by The Editor
October 7 2025
0

...

Senator denies bill to rename Kaduna to Zazzau State

Kaduna State pays ₦72,000 minimum wage

by The Editor
September 18 2025
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
End female genital mutilation – Punch

End female genital mutilation – Punch

October 17 2025
WAFCON: Gov. Otu gifts Super Falcons star, Miracle Usani, ₦50m, land

WAFCON: Gov. Otu gifts Super Falcons star, Miracle Usani, ₦50m, land

October 17 2025
Nigeria at critical juncture – Vanguard

Nigeria ranks 115th out of 125 countries on Global Hunger Index

October 17 2025
Trump, Putin to meet in Budapest over Ukraine war

Trump, Putin to meet in Budapest over Ukraine war

October 17 2025

EDITORIAL REVIEW

End female genital mutilation – Punch

End female genital mutilation – Punch

by The Editor
October 17 2025
0

Nnaji: Nigeria’s dodgy vetting processes – Punch

Nnaji: Nigeria’s dodgy vetting processes – Punch

by The Editor
October 16 2025
0

Vacations and governance: Why President Tinubu’s trip matters -Guardian

Tinubu, honour promise to ASUU – Punch

by The Editor
October 15 2025
0

The killings in the South East – Thisday

The killings in the South East – Thisday

by The Editor
October 14 2025
0

IOCs: Implement host communities’ projects – Punch

IOCs: Implement host communities’ projects – Punch

by The Editor
October 13 2025
0

Opinion

Tinubu finds his own demons

Next time, Umahi should go to NTA

by The Editor
October 16 2025
0

...

Objections over presidential pardon for grave offenders

Objections over presidential pardon for grave offenders

by The Editor
October 13 2025
0

...

1975 public service purge: What have we learnt?

1975 public service purge: What have we learnt?

by The Editor
September 30 2025
0

...

Tinubu finds his own demons

Nigeria’s state of weakness

by The Editor
September 18 2025
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.