Judiciary
A Federal High Court sitting in Warri has ruled that the Federal Road Safety Commission, FRSC, has no right to operate on township roads, which are not trunk roads. Justice Emeka Nwite, the trial judge, ordered that the statutory power of the FRSC did not extend to streets or roads in the state.
In his judgment in the suit FHC/WT/CS/90/2017 filed by one Darlington Ugo Ehikam against FRSC, the judge said the activities of the FRSC should be restricted to federal highways. Ehikam had instituted the suit following the stoppage of his vehicle and seizure of his driver’s license by the officers of the FRSC on June 15, 2017 along Ajamumogha Road by Herismor House Warrior.
Ehikam, through his lawyers argued that it was unlawful and violation of his right to freedom of movement as guaranteed by the provision of section 41 of the 1999 Constitution as amended.
In its defence, the FRSC had argued that the National Assembly enacted the law for the establishment of the commission in the exercise of its powers under Section11 (1) and 4(4)(b) of the Constitution. The commission contended that the “effect of the provisions of Section 15 and 30 of FRSC Establishment Act 2007, is that the FRSC has jurisdiction to operate on all public highways whether same is Federal or state highway.”
The FRSC, therefore, submitted that its operational jurisdiction is within the precinct of the law for safety of all road users in the overall national interest. However, the plaintiff’s counsel had argued that the argument of the defence counsel to the effect that the commission is entitled under law to operate on any road in Nigeria was misleading and should be rejected.
“The issue of the operational jurisdictions of the FRSC has been settled by the Court of Appeal in the case of FRSC v. Barr Oko Omono Obla (2010) 15 NWLR (Pt. 1217) 635,” plaintiff’s counsel declared.
While delivering judgment, Justice Nwite held that, “it should be noted that the case of the plaintiff on the issue is that the exercise of power to stop vehicle as well as impose fine and penalty as appropriated must be limited to areas designated by the law establishing the Commission. It is restricted to the Federal Highways and that is the intention of the legislature as expressed in the FRSC establishments Act 2007.
“Consequently, the plaintiff agrees that the power of Federal Road Safety Commission to stop vehicles and impose fine and penalty and enforce payment of same are not in doubt, provided such powers are exercised within areas or locations permitted by law.”
But before this judgment, a Federal High Court sitting in Abuja had on July 17, 2020 ruled that the FRSC has the powers to enforce traffic rules on all public roads. Justice Anwuli Chikere ruled 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.”
She also declared that FRSC is empowered to arrest and prosecute anybody found to violate traffic rules on any public road. Citing section 35 of the FRSC Act, the judge held that the FRSC can impound any vehicle found to have committed any offence in the Act.
– Sept. 3 2020 @ 13:05 GMT |
Tags: FRSC has no right to operate on township roads – Court
