Court Upholds FRSC’s Power to Impose Fine on Erring Motorists

Wale Igbintade

Justice Taiwo Taiwo of the Federal High Court in Abuja has upheld the powers of the Federal Road Safety Commission (FRSC) to impose fines on motorists for alleged traffic offences without first prosecuting them in a court of law.

Justice Taiwo in his judgement delivered on August 27, 2021, in suit number: FHC/ABJ/CS/1167/2019 filed by Dr. M.Y Suleiman against the FRSC also dismissed the plaintiff’s request for N10 million as damages.

The plaintiff in his originating summons dated October 2, 2019, had prayed the court to determine whether the detention of his car by the FRSC and the practice of issuing tickets for fines without any form of trial does not violate the rule of fair hearing as enshrined in the 1999 Constitution.

He also sought a declaration that the defendants lacked the competence to detain his Toyota Picnic car for the fulfillment of the condition of proving his innocence of the violation of any of the provisions of the FRSC Act, 2010 and or the Federal Road Safety Rules, 2012.

Besides, he asked the court to strike out Rules 174(1) and (2), 176, 188(1) and (2), 189(2), 211(4) 213(2), 218, 219, and 220 of the FRSC regulation 2012.

Dismissing his claims for lack of merit, Justice Taiwo held that the plaintiff did not deny making a call in his car but that his phone was connected to his car radio system by USB.

The judge held that contrary to the plaintiff’s claim, the practice whereby road marshals issue tickets to motorists on allegation of the commission of offences under the National Road Traffic Regulations, 2012 and demand ‘offenders’ to pay a fine, did not offend Section 6(6) of the constitution, Rules 166 and 220 of the National Road Traffic Regulations.

He said: “It is borne out of the facts presented by both parties before the court that the plaintiff was issued with a Notice of Offence and that the plaintiff actually paid the fine. I see no wrong done to the plaintiff who elected to pay the fine rather than being prosecuted. “The Court of Appeal, Lagos Division, has decided this issue similar to the complaint of the plaintiff herein in the case of Olookan vs FRSC (2019).’’

Justice Taiwo held that the best the plaintiff ought to have done in order not to run afoul of the law was to park his car before making and/or receiving a call whether or not his phone is connected to his car speakers.

He stated that the plaintiff’s car ought not to be in motion while making or receiving a call in any form.

On his claim for general and exemplary damages in the sum of N10 million, the court held that the plaintiff failed to prove his entitlement to damages, adding that the court cannot make up a case for any of the parties before it and the court is not a Father Christmas to give unto anyone as it pleases.

“In concluding this judgment, I think it proper to state that no reasonable court of law will set aside a law that is justiciable in a democratic society like the regulations made pursuant to the Act establishing the 1st and 2nd defendants.

“These regulations are made in the interest of defence of public safety, public order and public morality. All hands must be on deck to ensure that the highways are safe for all motorists, road users, and all the members of the public. Therefore, I find no merit in the suit filed by the plaintiff. Same is accordingly dismissed,” the court held.