Federal Road Safety Corps (FRSC) Banned to impose fines on motorists for traffic offences.by Lagos Court

A lawyer, Tope Alabi, 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.

A copy of the judgment made available to newsmen in Lagos on Wednesday quotes Justice Tsoho as declaring the sections null and void for being inconsistent with Section 6 of the 1999 Constitution.

The judge also awarded N1 million damages in favour of the plaintiff because officials of the FRSC had confiscated his vehicle and driver’s licence.

According to him, while FRSC was statutorily empowered to arrest and fine traffic offenders, a closer look at the definition of the word “fine” means a pecuniary criminal punishment or civil penalty payable to the public treasury.

Justice Tsoho said: “In the instant case, however, the involvement of the element of arrest takes the imposition of fine by the FRSC to the realm of criminal punishment.

“From these definitions, it is obvious that the act of sentencing is a judicial action or exercise, and imposition of fine connotes conviction for an alleged offence.

“It is thus very clear that the FRSC, not being a court of law, cannot impose fine, especially as it has no powers to conduct trial.

“Hence, the exercise of the statutory powers given to the defendant under the Act as pertain to imposition of fine is clearly a usurpation of judicial powers exclusively vested in the courts.