Delivering verdict on a suit filed by a lawyer, Mr. Tope Alabi, Justice James Tsoho held that FRSC cannot turn itself into a court of law by punishing those that commit traffic offences.
A copy of the judgment, delivered on September 26, was obtained by our correspondent on Wednesday.
The plaintiff had prayed the court to declare that only a court of competent jurisdiction can pronounce a person guilty under Section 10 (4) and 28 (2) of the FRSC (Establishment Act) 2007 and Regulation 143 of the Nigerian Roads Traffic Regulation, 2011.
The judge declared the sections null and void for being inconsistent with Section 6 of the 1999 Constitution.
He also awarded N1million damages to the plaintiff because FRSC confiscated his vehicle and driver’s license.
“It is my conviction that the plaintiff is entitled to remedy on this account,” he said.
Justice Tsoho said while FRSC is 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.”
He held: “In the instance case, however, the involvement of the element of arrest takes the imposition of fine by the second defendant (FRSC) to the realm of criminal punishment.
“It is noteworthy that a fine, when viewed from that perspective, is a component of sentence.
“From these definitions, it is obvious that the act of sentencing is a judicial action or exercise. Imposition of fine connotes conviction for an alleged offence. This presupposes a trial and conviction of the person fined, especially having regard to the definition of sentencing.
“It is, thus, very clear that the FRSC, not being a court of law, cannot impose fine, especially that it has no powers to conduct trial.
“Hence, the exercise of the statutory powers given to the second defendant under the Act as pertain to imposition of fine is clearly a usurpation of judicial powers exclusively vested in the courts,” the judge held.
Source: The Nation
No comments:
Post a Comment