A Federal High Court sitting in Warri has declared that the Federal Road Safety Commission (FRSC) has no right to operate on township roads, which are not trunk roads.
The trial judge, Justice Emeka Nwite in a judgment in the suit delineated FHC/WT/CS/90/2017 filed by Darlington Ugo Ehikam against FRSC, ordered that the statutory power of FRSC do not extend to streets or roads in the state.
Ehikam had instituted the suit following the stoppage of his vehicle and seizure of his drivers licence by the officers of the FRSC on June 15, 2017 along Ajamumogha Road by Herismor house Warrior.
He 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 his 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.”
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, the court held that, “it should be noted that the case of 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.
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This directives is a welcomed one, reasons is because road safety officials on highways believes that power vested on them is higher and superior than that of the president of this country. I was traveling with my car one day and they stopped me and demanded for my driving licence I told them that it was under processing with the cover note to back it up, these people knowing quite well that everything I told them was true, they went ahead to booking me after all sorts of plea, they booked me 10,000 as I’m about going to bank, they called me back and told me that if I should not mind why not give them that money so that they will help me so that I will continue my journey which I later did. So, what I’m saying here is that all these road safety on highways are very wicked but it’s only God that can pay them back for all their evil deeds. They have done the same to many drivers, they are not paying any money to federal government any longer.
This jugdment is a welcome development and how I wish much publicity is accorded it because these people actions at times left much to be desire well they are a set under a larger set and can’t behave better than the bigger set which is the geographical location called Nigeria. It is my wish that revenue authorities especially in the south-southwest part who colluded with them should be aware of these judgement. My worriness with these group is was this how this organization was being ran by Wole Soyinka when he was in charge only God will help this country
If only this judgment can be taken seriously. Yes, the FRSC officers are now doing what they are not supposed to be doing. Worst of all is that they turn away their eyes from commercial vehicles and focus on innocent and complete private vehicles. Commercial vehicles will overload, the drivers don’t use safety belts, no lights both front and back and vehicles are not roadworthy. Still the officers won’t disturb them rather embarrass the private vehicle owners,
The judge was right. That was the position of the law. Earlier, same judgement was delivered by the Federal High Court in Lagos State. It is a state government that has the power to legislate on state roads.
Can same be said of Bayelsa State ?
Government should do something about this issue of federal road safety and police.