Law

FRSC has power to fine motorists without seeking Court pronouncement – Court

Boboye Oyeyemi, Corp Marshal, FRSC

By Ezurike Ugochukwu

The powers of the Federal Road Safety Commission (FRSC) to fine motorists for alleged traffic offences without first prosecuting them in a Court of law has been upheld as being appropriate.

A Federal High Court in Abuja presided over by Justice Taiwo Taiwo handed down the ruling on Friday 27 August, 2021.

Deciding on a suit by a motorist, Dr M.Y Suleiman, seeking N10 million as damages from the FRSC for the detention of his car.

Justice Taiwo while dismissing the suit in which Suleiman was fined for an alleged violation of a traffic offence and his subsequent payment of a fine without first being prosecuted the judge held the FRSC’s position as lawful.

Stating that contrary to the plaintiff’s claim, the practice whereby road marshals issue tickets to motorists on allegation of the commission of offences under the National Road Traffic Regulations, 2012 and demand ‘offenders’ to pay a fine, did not offend section 6(6) of the Constitution, Rules 166 and 220 of the National Road Traffic Regulations.

He noted that the matter had already been settled by Tijani Abubakar JCA (as he then was) at the Court of Appeal, Lagos Division in the 2019 case of Olookan v FRSC.

Suleiman filed the suit FHC/ABJ/CS/1167/2019 following the detention of his car, for, among others, his making a call in his car while driving.

He sought nine reliefs, including a declaration that fair hearing was not achieved by the FRSC issuing a ticket to him to pay a fine, since the defendants were the complainants, prosecutors and the judge in their cause and consequently the fine he paid was unlawful.

The judge thereby dismissed the south without any award of damages.