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

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.

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

Kogi court judgment on NDC registration illegal, won’t stand – Dickson
Latest News

Kogi court judgment on NDC registration illegal, won’t stand – Dickson

June 27 2026
Remi Tinubu under fire over akara, roasted corn remarks
Human Interest

Remi Tinubu under fire over akara, roasted corn remarks

June 27 2026
Terrorists attack Kogi school, kill vice principal, 2 others
Latest News

Gunmen kill Benue MACBAN chairman after peace meeting

June 27 2026
NDC candidates sign affidavits as party moves against defections
Headlines

Court sets aside judgment recognising NDC as political party

June 26 2026
Senate moves to establish commission for religious harmony
Headlines

BREAKING: Senate passes state police bill, empowers governors to appoint commissioners

June 24 2026
Katsina extends automatic jobs scheme to first-class graduates
Latest News

Katsina State denies sponsoring bandits for Hajj, demands evidence

June 24 2026
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

Bauchi Electoral Commission fixes August 17 for LG election

Bauchi Electoral Commission fixes August 17 for LG election

by The Editor
June 19 2026
0

...

Court grants indigenous status to Hausas born in Jos North

Court grants indigenous status to Hausas born in Jos North

by The Editor
June 11 2026
0

...

42-year-old Sheikh Dasuki emerges Chief Imam of Ilorin

42-year-old Sheikh Dasuki emerges Chief Imam of Ilorin

by The Editor
June 11 2026
0

...

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

His Royal Majesty, Obi Ifechukwude Okonjo II: Progressive Monarch fighting for his people

by The Editor
June 4 2026
0

...

APPOINTMENTS

Tinubu appoints new NUC chairman

Tinubu appoints new NUC chairman

by The Editor
June 23 2026
0

...

UK Prime Minister picks ex-army officer Dan Jarvis as new defence ministe

UK Prime Minister picks ex-army officer Dan Jarvis as new defence ministe

by The Editor
June 11 2026
0

...

NCC appoints Princess Oforitsenere Emiko as interim Chairman of the Digital Bridge Institute Governing Board

NCC appoints Princess Oforitsenere Emiko as interim Chairman of the Digital Bridge Institute Governing Board

by The Editor
June 9 2026
0

...

Pres. Tinubu swears in two new ministers

Pres. Tinubu swears in two new ministers

by The Editor
June 8 2026
0

...

ODDITIES

My mother trained me selling akara, bananas – Tinubu’s aide backs First Lady’s remarks

My mother trained me selling akara, bananas – Tinubu’s aide backs First Lady’s remarks

by The Editor
June 28 2026
0

Of bandits and their informants/sponsors

Police, military, others lost 282 rifles to gunmen – Report

by The Editor
June 27 2026
0

Lagos jails 13 for illegal waste disposal

Lagos jails 13 for illegal waste disposal

by The Editor
June 23 2026
0

GLOBAL NEWS

Venezuela earthquakes leave 920 dead, 50,000 missing

Venezuela earthquakes leave 920 dead, 50,000 missing

by The Editor
June 27 2026
0

...

Trump, Iran at odds over nuclear inspections, frozen assets in deal to end war

Trump, Iran at odds over nuclear inspections, frozen assets in deal to end war

by The Editor
June 23 2026
0

...

Keir Starmer announces resignation as UK Prime Minister

Keir Starmer announces resignation as UK Prime Minister

by The Editor
June 22 2026
0

...

Israel, Hezbollah agree to ceasefire

Israel, Hezbollah agree to ceasefire

by The Editor
June 19 2026
0

...

US bids goodbye to Air Force One as Trump’s Qatari jet awaits takeoff

US bids goodbye to Air Force One as Trump’s Qatari jet awaits takeoff

by The Editor
June 19 2026
0

...

State of the States

Imo Police comb forests with drones, rescue kidnapped victim

Imo Police comb forests with drones, rescue kidnapped victim

by The Editor
June 28 2026
0

...

Sokoto mourns as three soldiers, two policemen die in IED explosion, ambush

Sokoto mourns as three soldiers, two policemen die in IED explosion, ambush

by The Editor
June 23 2026
0

...

Katsina extends automatic jobs scheme to first-class graduates

Katsina extends automatic jobs scheme to first-class graduates

by The Editor
June 22 2026
0

...

Ekiti election: Police restrict movement on Saturday, exempt exam candidates

Ekiti election: Police restrict movement on Saturday, exempt exam candidates

by The Editor
June 19 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Imo Police comb forests with drones, rescue kidnapped victim

Imo Police comb forests with drones, rescue kidnapped victim

June 28 2026
NDLEA seizes N12.4bn cannabis at Lagos Port, busts drug syndicate targeting passengers

NDLEA seizes N12.4bn cannabis at Lagos Port, busts drug syndicate targeting passengers

June 28 2026
FIFA confirms World Cup Round of 32 fixtures, dates, venues

FIFA confirms World Cup Round of 32 fixtures, dates, venues

June 28 2026
My mother trained me selling akara, bananas – Tinubu’s aide backs First Lady’s remarks

My mother trained me selling akara, bananas – Tinubu’s aide backs First Lady’s remarks

June 28 2026

EDITORIAL REVIEW

IMF warns Nigeria as Tinubu plans to borrow $5 billion from UAE lender

Nigeria is bleeding – Punch

by The Editor
June 26 2026
0

Tinubu appoints NECO, NBTE chairmen, names poly rector, renews library DG tenure

Single 6-year tenure, dangerous idea – Punch

by The Editor
June 23 2026
0

Terrorists kidnap Army Major General, wife in Katsina

Another General falls – Punch

by The Editor
June 22 2026
0

Constitution Review: NASS targets Dec 25 for 1st alterations

NASS jumbo pay under scrutiny, again – Punch

by The Editor
June 19 2026
0

Waste crisis in states – Punch

Waste crisis in states – Punch

by The Editor
June 17 2026
0

Opinion

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 2026
0

...

Terrorists kidnap Army Major General, wife in Katsina

Slain General: When the protectors need protection

by The Editor
June 17 2026
0

...

Bandits attack mosque, kill 1, abduct 9 in Kaduna

When terrorism becomes the talk of town

by The Editor
June 9 2026
0

...

Of bandits and their informants/sponsors

Of bandits and their informants/sponsors

by The Editor
June 1 2026
0

...

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

© 2026 TheCitizen Ng. All Rights Reserved.

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

© 2026 TheCitizen Ng. All Rights Reserved.