The Federal Road Safety Commission (
FRSC)on Monday has refuted social media reports that a
Federal High Court in Lagos has nullified its power to issue fines,
tickets and impound offender vehicles.
Speaking to the News Agency of
Nigeria (NAN) in Abuja, Mr Bisi Kazeem, the commission’s Public Relations
Officer, said FRSC was aware of the post on social media
questioning it's powers 2 punish traffic offenders.
``The truth is that there is no
recent judgment of the FHC Lagos on the Tope Alabi case as is being circulated.
``What happened was that one Bar
Tope Alabi challenged the powers of the FRSC to arrest him and impound his
vehicle and make him pay fines for offences alleged.
``The FHC presided over by Justice
Tsoho held that FRSC had no such powers. This was in Sept, 2014.
``However, in a case on all fours
with the Tope Alabi case earlier in March, same year, 2014, same Justice Tsoho
in the case of Bren Williams & Anor v FRSC.
``Held that FRSC had statutory
powers to issue notice of offence, arrest, and detain vehicles suspected to
have been used to commit traffic offences.’’
According to kazeem, on that same
day Justice Tsoho delivered another judgment similar to the Tope Alabi case in
Emmanuel Ofoegbu v FRSC.
He said Justice Tsoho held
that FRSC had no powers to set deadlines for motorists to change over to new
number plates and that it would be ultra vires the powers of FRSC.
This he said was its power to arrest
motorists for not using the new number plates under the National Road Traffic
Regulations, 2012, a subsidiary legislation to the FRSC Act, 2007.
He said the decision was
challenged on Appeal;The Court of Appeal held, inter alia, in Oct, 2014,
``That FRSC had statutory powers
conferred by its enabling laws made pursuant to the Nigerian Constitution to
regulate the use of number plates, design and set deadlines for change over to
new ones.
``The September 2014 judgment of Justice Tsoho which has also been challenged on Appeal is the one currently being circulated on the social media by mischief makers.
``The September 2014 judgment of Justice Tsoho which has also been challenged on Appeal is the one currently being circulated on the social media by mischief makers.
``Note that in another case by the
same Tope Alabi before same Justice Tsoho , the Federal High Court
`Taking a cue from the Court of
Appeal’s decision in Emmanuel Ofoegbu's case, held in FRSC's favour in
June, 2015.
``For the avoidance of doubt, there are reported Court of Appeal decisions to the effect that FRSC has powers to arrest, issue notice of offence to suspected violators;
``For the avoidance of doubt, there are reported Court of Appeal decisions to the effect that FRSC has powers to arrest, issue notice of offence to suspected violators;
``And impound vehicles used to commit traffic offences and
electing to pay the prescribed fines instead of challenging the notice of
offence in court does not amount to usurpation of court powers."
Ading that "It is the voluntary
decision of whoever decides to pay fines instead of challenging the notice of
offence in court. ‘’ he said
He listed the cases as Ediru vs FRSC
(2016) 4 NWLR. Pt 1502, pp209-247 and Esekhaigbe v FRSC, (2015) 12NWLR, Pt 1474
@ 520-537.
He said that the Court of Appeal’s
decisions no doubt override whatever was decided in the Tope Alabi case, which
is also being challenged on Appeal.
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