A Federal
High Court in Lagos has stripped the Federal Road Safety Corps of its power to
impose fine on traffic offenders.
Justice James
Tsoho, in a judgement delivered on September 26 declared that the FRSC, not
being a court of law, could not on its own, impose fine on offending motorists
as punishment for traffic offences.
The judge
held that Section 28(2) of the FRSC Act, 2007, which empowers the corps to fine
motorists, was in conflict with Section 6 of the Constitution and, as such, it
could not stand.
He said,
“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 (FRSC) 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 the
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.”
A lawyer, Mr.
Tope Alabi, had sued the FRSC, asking for N10m as damages for impounding his
car and imposing a fine of N3,000 on him.
Also joined
as defendants in the suit marked FHC/L/CS/1234/13 were the National Assembly
and the Attorney-General of the Federation, Mohammed Adoke (SAN).
The lawyer
had prayed 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
(Establishment Act), 2007 and Regulation 143 of the Nigerian Roads Traffic
Regulation, 2011.
Justice
Tsoho, in his judgement, said FRSC resorted to “legislative absurdity” when it
imposed a fine of 3,000 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
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