Court Has Empowered Us To Fine Motorists TheNigerialawyer

The Federal Road Safety Corps (FRSC) says the court of appeal
has empowered it to fine motorists who commit traffic offences.

Bisi Kazeem, spokesman of corps, said this in a statement issued
on Tuesday. He was reacting to the re-circulation of a report on
social media which said the corps is not authorised to fine
motorists.

In 2014, a federal high court in Lagos voided the powers of the
FRSC to impose fines on motorists for traffic offences.

Tope Alabi, a lawyer, approached 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 act 2007.

But Kazeem said the verdict of the court “is no longer the law
as several other pronouncements of the Court of Appeal have
overridden that decision which was, with due respect, reached per
incuriam”.

“In FRSC V Emmanuel Ofoegbu CA/L/412/ 2014 the Court of Appeal
sitting in Lagos, overruled the judgment of the Federal High Court
in Emmanuel Ofoegbu v FRSC and held that the FRSC (Establishment)
Act, 2007 and the National Road Traffic Regulations (NRTR) 2012
were valid laws made pursuant to the 1999 Constitution and that the
provisions of the NRTR, 2012 were enforceable from 1st October,
2013, the deadline earlier set by FRSC,” Kazeem said.

“Also, in FRSC v Okebu Gideon Esq. v FRSC-CA/IL/50/2014, the
Court of Appeal sitting in Ilorin held that the Notice of Offence
Sheet issued by FRSC does not run counter to Section 36 of the
Constitution of Nigeria 1999, as amended.

“Also, in Barr. Moses Ediru v FRSC & 2 ORS-CA/J/226/2010,
the Court of Appeal sitting in Jos held that the fines which the
law gives FRSC the nod to enforce do not, in the least derogate
from the judicial powers of the Courts as enshrined in Section
10(7)(a) of the FRSC (Establishment) Act, 2007 and Regulation 113
of the NRTR, 2012.”

He said those “brandishing” the recycled report are “mischief
makers” who should be ignored.

“While assuring the public that FRSC and its operatives will
continue to perform within the ambits of the law, we seize the
opportunity to seek the understanding and collaboration of all
citizens as we strive to evolve a safer road environment in
Nigeria,” the spokesman said.