FRSC dismisses report claiming it lacks power to fine road traffic offenders
The Federal Road Safety Corps (FRSC) has discredited and debunked a social media publication that the Corps lacks the power to impose fines on road traffic offenders, as such will amount to a usurpation of the functions of the court of law.
In a press statement obtained by PRNigeria, the Corps maintained that the verdict of Justice J. T. Tsoho of the Federal High Court Lagos, in 2014, in Tope Alabi vs FRSC, with suit number (FHC/L/CS/1234/13), is no longer the law, saying several other recent judicial pronouncements by the Court of Appeal have overridden the 2014 ruling which was 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,” the statement read.
It then added: “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.”
FRSC, strongly asserted that there are enough judicial pronouncements to the fact that it has adequate legal and statutory backing to perform its functions as stated in the FRSC (Establishment) Act, 2007 and NRTR 2012.
It pointed out that those brandishing recycled news on the judgment in Tope Alabi’s case delivered in September, 2014, as against the more current position of the courts, more importantly, the Court of Appeal decision in FRSC v Emmanuel Ofoegbu to the effect that FRSC has statutory and constitutional powers to arrest, and detain vehicles of road traffic violators, are mischief makers.
It therefore called on the general public to disregard the fabricated social media post.
“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.
“Finally, as the year winds to a close, the FRSC appeals to all road users to use the road carefully and wisely so that we can all have a crash free, peaceful and joyful yuletide,” the Corps stated.