A Federal High Court sitting in Abuja has affirmed the
powers of the Federal Road Safety Corps (FRSC) to enforce traffic laws on all
public roads in Nigeria and impound violators’ vehicles..
Justice Anwuli Chikere made the declaration on Wednesday while delivering
judgment in a suit filed by Pius Abu who accused the FRSC and its men of
wrongfully impounding his car for using telephone and subsequently impounding
his car in Abuja in May 2019.
Pius Abu who stated that 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.
Delivering judgment in the suit, 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) to enforce the traffic rules on all public roads in other
legislations.”
Justice Chikere also held that FRSC is by the Act “empowered
to arrest and prosecute anybody found to violate traffic rules on any public
road”.
She also ruled 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”.
On the propriety of arresting the plaintiff for using phone
while driving, Justice Chikere ruled that the plaintiff did not deny making
call or using the phone when he was arrested.
She noted that he only made an “afterthought” denial after
the defendants -the FRSC and its official – filed a counter-affidavit in
opposition to his suit.
She dismissed the claim by the plaintiff that he was not
granted fair hearing when fine was imposed on him by FRSC.
The judge held that the notice of offence served on him gave
him the option of either paying the fine or face prosecution.
She added if he was sure that the defendants “manufactured
facts against him, he should not have paid the fine”.
“The fact that the plaintiff paid the fine, implies that he
admitted committing the offence,” the judge ruled.
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