Law empowers FRSC to enforce traffic rules on all roads, says Court

...Nullifies Lagos governor’s ban...

By Ezurike Ugochukwu

The contradictions on whether the Federal Road Safety Corps(FRSC), has powers to arrest and prosecute traffic offenders on all roads in Nigeria or not has been put to rest as the Federal High Court in Abuja has said  the law empowers it to do so.

Granting judgment in a suit filled by one Pius Abu on the impropriety or otherwise of the FRSC to impound his car for using telephone on non public road, Justice Anwuli Chikere said It is wrong to limit the enforcement of traffic rules.

Abu, the plaintiff said he was apprehended by the FRSC operatives at ECWA Junction, Wuse II, Abuja and impounded his Peugeot 306 car on May 6, 2019, alleged that FRSC lacked the power to enforce traffic law on the road not stipulated in the FRSC (Establishment) Act.

Justice Chikere held that “It is wrong to limit the enforcement of the traffic rules to the roads listed in the Federal Road Safety Corps (Establishment) Act when the Act gives the 2nd defendant (FRSC) powers to enforce the traffic rules on all public roads in other legislations.”

The court also held that FRSC is by the above Act “empowered to arrest and prosecute anybody found to violate traffic rules on any public road.”

That by virtue of “section 35 of the FRSC Act, the 2nd defendant can impound any vehicle found to have committed any offence in the Act.”

Justice Chikere further ruled that the plaintiff has not in anyway deny making call or using the phone when he was arrested.

She maintained that his denial was an “afterthought” made after the FRSC and its official – filed a counter-affidavit in opposition to his suit.

The claim made by the  plaintiff, Abu that he was not granted fair hearing when fine was imposed on him by FRSC.was dismissed by the Judge.

She further held that the notice of offence served on him gave him the option of either paying the fine or face prosecution.

The judge however ruled that, “The fact that the plaintiff paid the fine, implies that he admitted committing the offence, if he was sure that the defendants manufactured facts against him, he should not have paid the fine.”

Ambode, ex- Lagos governor

The judgement has now put to rest the controversies stirred by the pronouncement of the Akinwunmi Ambode led administration in Lagos state which on Tuesday, May 16, 2017 placed a ban on activities of the FRSC, ordering it to keep off Lagos streets.and restrict its activities to major highways.