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.
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