• Home
  • Anti-Corruption
  • Fact-Check
  • Economy
  • National
    • Government
  • Security
  • Features
  • State
  • Event
Sign in
Welcome!Log into your account
Forgot your password?
Password recovery
Recover your password
Search
  • Home
  • About
  • Adverts
  • Contact
  • AMP
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
PRNIGERIA PRNigeria News
PRNIGERIA PRNIGERIA
  • Home
  • Anti-Corruption
    • FAAC

      CMPA Suspects AGF Ahmed Idris Used IPPIS for Fraud

      ICPC

      ICPC Arraigns Professor for Compromising Officials with $40,000 Bribe

      Ahmed+Idris+AGF FAAC

      CORRUPTION: EFCC Nabs Accountant General of Federation Ahmed Idris over N80bn…

      ICPC Boss Rallies Global Action Against Illicit Financial Flows

      Babangida Aliyu

      How Babangida Aliyu Diverted N2bn Ecological Fund into Election Campaign –…

  • Fact-Check
  • Economy
    • NCS Honours Customs Officers for Anti-Smuggling Gallantry, Revenue Generation in Kano-…

      Julius Berger AFP Bags Brand Service Awards at Lagos Architects Forum

      HoS, Yemi-Esan, Donates Laptops, Offers Housing Loans to 118 LEAD-P Trainees

      Sallah Package: Disabled School Girl, Fatima Yushau, Gets Relief Materials

      MAAUN Names School of Computing After Professor Pantami

  • National
    • New NYSC D-G Gen Fadah Commends Gen Shuaib for Transformation

      Chief of Army Staff, Lt Gen Faruk Yahaya

      Nigerian Army Denies Planned Strike by Soldiers

      Chibok Girls Graduated from American University in USA

      Blasphemy Debora and Suspect

      Blasphemy: Positions of Justice System and the Holy Quran by YAShuaib

      Sheikh Ahmad Gumi

      Prophet Muhammad Was Insulted While Alive, Yet He Didn’t Kill Anybody…

    • Government
      • HAJJ Pilgrims pilgrimage NAHCON

        Hajj 2022: NAHCON releases Medical Guidelines, Screen for National Medical Team

        Interior Minister, Ogbeni Rauf Aregbesola

        FG Launches N-Alerts to Deter Kidnappers, Bandits, Others

        FG certify Iron Rod Union, as Dealers made renewed call for…

        Adhere to Speed Limits, Maintain Vehicles, Gen. Ibrahim Urges NYSC Drivers

        Buhari assents to Federal Polytechnic Orogun, Delta State Bill

  • Security
    • Chief of Army Staff, Lt Gen Faruk Yahaya

      Nigerian Army Denies Planned Strike by Soldiers

      How Anambra Police Nabbed Armed Kidnappers, Rescue Victim

      PHOTO: NDLEA Nabs Wanted Drug Baroness in Delta

      (ESN), in a fierce encounter with Nigeria Troop that ensued at Amaifeke and Ihioma

      Nigerian Troops Eliminate IPOB Enforcers in Imo State

      PSC at the promotion of senior police officers

      PSC Confirms DIG Amadi, Appoints Senchi, Promotes Magu, Others

  • Features
    • Babangida Aliyu

      How Babangida Aliyu Diverted N2bn Ecological Fund into Election Campaign –…

      Brigadier Shuaib Ibrahim NYSC DG

      Gen. Shuaibu Ibrahim: Legacies of Transformational Leadership at NYSC

      ISWAP Boko Hartam Terrorists June 2021

      Insurgency as Neocolonialism in Nigeria

      General Lucky Irabor

      DHQ and Remodelling Military-Police Synergy for Tackling Insecurity

      X-Raying DSS’ Combat Strategy of Tackling Job Scams

  • State
    • BUMCAA BUK Mass Comm Anniversary

      NUC Accreditation: BUK Mass Communication Scores 99.7% , Now Best in…

      Abubakar Malami, SAN, Minister of Justice

      Malami’s decision demonstrates Altruism, Patriotism – Aide

      Exposed: How Governor Inuwa Yahaya Allegedly Hounds Journalists, Social Media Influencers…

      court Judiciary

      Supreme Court Resolves 17 oil wells ownership tussle in favour of…

      Eid-el-Fitr: Badaru Tasks People on Sustainance of Brotherhood and Peaceful Coexistence

  • Event
    • Alhaji Usman Bello Kankara, Kanwan Katsina, District Head of Ketare

      Ketara Community Celebrates Kanwan Katsina’s 5th Anniversary

      2023 Elections: Lux Terra’s Network and Advocacy Group Holds Town Hall…

      Friday Sermon: Deborah killing: Stop taking the law into your own…

      NCS Honours Customs Officers for Anti-Smuggling Gallantry, Revenue Generation in Kano-…

      NAF Celebrates 58th Anniversary

Home Security FRSC ‘can no longer’ fine motorists, court rules
  • Security

FRSC ‘can no longer’ fine motorists, court rules

By
Prnigeria
-
April 16, 2016
court Judiciary
court Judiciary Justice

FRSC ‘can no longer’ fine motorists, court rules

A federal high court in Lagos has declared void powers of the Federal Road Safety Corps (FRSC) to impose fines on motorists for traffic offences.

John Tsoho, a judge, held that the commission could not turn itself into a court of law by punishing those who commit traffic offences.

Tope Alabi, a lawyer, had 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.

Other defendant in the suit was the attorney-general of the federation.

The judge also awarded N1million damages in favour of the plaintiff because officials of the FRSC had confiscated his vehicle and driver’s licence.

Tosho said while FRSC was statutorily empowered to arrest and fine traffic offenders, a closer look at the definition of the word “fine” meant a pecuniary criminal punishment or civil penalty payable to the public treasury.

“In the instant case, however, the involvement of the element of arrest takes the imposition of fine by the FRSC to the realm of criminal punishment,” he said.

“From these definitions, it is obvious that the act of sentencing is a judicial action or exercise, and imposition of fine connotes conviction for an alleged offence.

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

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

“In the circumstances, I endorse the plaintiff’s submission that by virtue of section 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 the constitution.”

Tsoho held that the FRSC resorted to “legislative absurdity” when it imposed a fine of 3,000 on the plaintiff, rather than the N2,000 statutorily prescribed.

“FRSC’s function should not go beyond issuance of mere notices of offence,” he ruled.

“It is a cardinal principle of natural justice that no person can 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.”

According to the judge, the plaintiff was issued a notice of offence Sheet on April 4, 2013, but FRSC did not take him to court for five months before the plaintiff filed his suit on September 9, 2013.

“The vital question to ask is how long would it take the FRSC to reasonably commence prosecution of a traffic offence?” he asked.

“The plaintiff was not under obligation to wait indefinitely for redress due to FRSC’s inaction or laxity.

“I hold the view that the confiscation of the vehicle was unnecessary in the first place, though the FRSC spiritedly sought to justify it.”

The judge then grantedb 11 of the 14 reliefs sought by the plaintiff, awarding N1million in his favour instead of the N10 million prayed for.

By PRNigeria

Kidnapped School Children

Yauri FGC Students, Kebbi
335 days 10 hours 8 minutes 13 seconds,

Baptist School Students, Kaduna
317 days 11 hours 49 minutes 38 seconds

Tegina Islamiya Pupils, Niger (Freed)
Spent 88 days from May 30, 2021 - August 26, 2021


Report By: PRNigeria.com

  • TAGS
  • (FRSC)
  • Court
  • Fine
Previous articleFG Tasks Workers On Health Status
Next articleTroops Discover Large Cache of Arms and Ammunitions at Gursum
Prnigeria
http://www.PRNigeria.com

RELATED ARTICLESMORE FROM AUTHOR

Chief of Army Staff, Lt Gen Faruk Yahaya

Nigerian Army Denies Planned Strike by Soldiers

How Anambra Police Nabbed Armed Kidnappers, Rescue Victim

PHOTO: NDLEA Nabs Wanted Drug Baroness in Delta

(ESN), in a fierce encounter with Nigeria Troop that ensued at Amaifeke and Ihioma

Nigerian Troops Eliminate IPOB Enforcers in Imo State

PSC at the promotion of senior police officers

PSC Confirms DIG Amadi, Appoints Senchi, Promotes Magu, Others

Nigeria Police Force Logo

Police Eliminate Unknown Gunmen while Enforcing Sit-at-Home in Anambra

Police Defuse ISWAP’s Bomb in Borno IDPs Camp

Blasphemy Debora and Suspect

Finally, Police Arraign Suspects in Court for Killing of Deborah over alleged blasphemy

Police Order Autopsy over the Death of APC Chieftain in Bauchi

Blasphemy Debora and Suspect

Police Deny Report Identifying Deborah’s Suspected Killer As Foreigner

NDLEA officials

NDLEA Blocks Italy, Dubai-bound Drugs, Seizes 203,879 Tramadol Tabs

Blasphemy Debora and Suspect

Blasphemy: Positions of Justice System and the Holy Quran by YAShuaib

Recent Posts

  • Fact-Check: Is AGF Ahmed Idris Set to Resume Office After Arrest by EFCC? 
  • New NYSC D-G Gen Fadah Commends Gen Shuaib for Transformation
  • Nigerian Army Denies Planned Strike by Soldiers
  • Omoyele Sowore’s  Grandmother Dies At The Age Of 100
  • How Anambra Police Nabbed Armed Kidnappers, Rescue Victim

Kidnapped School Children

Yauri FGC Students, Kebbi
335 days 10 hours 8 minutes 13 seconds,



Baptist School Students, Kaduna
317 days 11 hours 49 minutes 38 seconds

Report By: PRNigeria.com

Book on Sales: Boko Haram Media War: An Encounter with the Spymaster

boko haram

Click Here:To Order Now!

  • Home
  • About
  • Adverts
  • Contact
  • AMP
© 2020 PRNigeria. All Rights Reserved.