However, for motorists driving around the Galadimawa roundabout of the nation’s capital, Abuja, the menace of officials of the FRSC is a major concern.
In a report published by gongnews.net, it has been observed that safety commission (FRSC) are on the lurk arresting motorists for all manners of sins and offences and dragging them to their Sunny Ville outpost where they are massively exploited.
For those who are held by the road who can afford to beg and ‘settle’ are released with a verbal warning while the stubborn ones are dragged to the outpost.
It was gathered that at the outpost, a prosecutor and judge in his own case, J. Oche, determines the offences and fixes the amount to be paid which ranges from N3,000 to N10,000.
This leaves fuming Nigerians who feel cheated to speak at the top of their voices, some cursing the FRSC officials and their families. They go to a nearby UBA to pay the excessive monies. When they return, they are forced to pay an extra N600.00 in cash without a receipt.
For the many that could not pay the N600.00, they were made to call their relations. A salesman whose official vehicle was involved after paying the N3,000 fine on him using his ATM card also requested that the said N600.00 be deducted by ATM which the officials rejected. They demanded for cash saying “that is the policy here.”
As at the last count between the hours of 8:15am and 9:45, 78 offenders were drafted to the outpost. There are chances that these lot were all exploited to the tune of N600.00 and illegally made to pay for offences for which they were not tried by any court but by officials of the Commission themselves.
Recalling Justice James Tsoho judgment of the Federal High Court Lagos, it is believed that the FRSC, not being a court of law, could not on its own, impose fine on offending motorists as punishment for traffic offences.
The judge held that Section 28(2) of the FRSC Act, 2007, which empowers the corps to fine motorists, was in conflict with Section 6 of the Constitution and, as such, it could not stand.
He said, “Basically, an unconstitutional legislation is null and void. That is, therefore, the effect of Section 28 (2) of the FRSC Act, 2007, which has purportedly conferred power on the second defendant (FRSC) to impose fine, which is a judicial function. Such power is unconstitutional and unenforceable.
“The FRSC is not constitutionally vested with judicial powers and cannot and should not under any guise purport to function as a court with competence to impose fine on alleged offenders.
“Much as the FRSC seems to have passionate zeal for traffic law enforcement, it cannot be allowed to do so in breach of constitutional provisions.
“It is necessary to add that even in respect of strict liability offences, a court of law should appropriately declare the guilt of an alleged offender and then impose fine.
“FRSC’s function should not go beyond issuance of mere notices of offence.”
Justice Tsoho, in his judgement, said FRSC resorted to “legislative absurdity” when it imposed a fine of 3,000 on Alabi rather than the N2,000 statutorily prescribed.
“The point must be made that it is a cardinal principle of natural justice that no person be condemned without being heard. It is in observance of this that a person alleged to have committed an offence has to respond to such allegation before a court of law during trial,” he held.
Rather than focus on generating funds and revenues for the government, which is not even part of their statutory duties and functions, the FRSC should concentrate more on saving lives on Nigerian roads and remain within the confines of its functions.
It should beam its searchlights on the sale and consumption of alcohol in parks, garages and streets. Regular and routine surveillance should be carried out on the highways to ensure that obstructions are cleared to prevent accidents and enhance free flow of traffic.
Apparently dissatisfied with child mortality rate through road crashes across the country, the Federal Road Safety Corps (FRSC) however has resolved to tackle the trend at a week-long sensitization programme.
Unfolding events to mark this year’s United Nations Road Safety Week in Osogbo, the Osun State Sector Commander, Mr. Mohammed Husaini disclosed that no fewer than 1,908 kids were lost to road accidents between 2010 and 2014.
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