FRSC can no longer fine motorist, 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...