The Court of Appeal on Monday upheld the judgment of a Federal High Court that the Federal Road Safety Commission (FRSC)’ s officials can operate on all roads in Abuja, Federal Capital Territory (FCT).
Justice Okon Abang of the appellate court while reading the judgment in appeal no: CA/ABJ/CV/243 /2022, filed by a lawyer , Igwe Onyesom Ugochukwu against the FRSC, Dr Lawal Akeem O. and Dr Isaac Nwokeukwu (1st to 3rd respondents) held that the law covers corps.
Following his altercation with FRSC officials which led to his car being seized for violating traffic rules, the appellant sued FRSC at the Federal High Court sitting in Abuja on March 9, 2021, before Justice A. I. Chikere, but lost out.
Dissatisfied, the appellant’s lawyer, Austine Ogezi, urged the appellate court to set aside the lower court’s judgment and hold that it was wrong to hold that the FRSC can operate on all public roads including Shehu Shagari way inside the Federal Capital Territory, Abuja.
“The appellant alleged that officers of FRSC stopped him before a traffic, on a road inside the city of Abuja just before the Federal Ministry of Justice and alleged that he violated a traffic light on 19″ February, 2022.
“Appellant was ordered to park by the roadside which he did while the officers of the 1st respondent who accosted him requested for his car particulars.
“Appellant suspecting that the 1st Respondent’s officers were trying to extort him, insisted that he be taken to a traffic tribunal or any other court of competent jurisdiction to determine his criminal liability which the Officers of 1 Respondent agreed.
“However, the officers of the 1st Respondent started driving the Appellant in a merry-go-round manner between Central Area and Wuse 2 through Maitama General Hospital and while pretending to be taking him to court reversed at Ahmadu Bello Way before Banex Plaza and started coming back and drove the Appellant back to Central Area again through the Ahmadu Bello Way.
“Appellant decided and in fact, went ahead and paid the Two Thousand Naira (N2, 000,00) fine and took the receipt to Zone 7 Office of the 1 Respondent for clearance as directed by the officers.”
FRSC’s counsel, Precious Fred Nwora, maintained that since the appellant paid a fine, he corroborated FRSC’s case against him he violated traffic rules.
The lawyer asked the appellate court to uphold the findings of the trial court.
Nwora said,
“The Appellant voluntarily paid the statutorily prescribed penalty and equally complied with the requirement of medical/psychological evaluation at a government-approved hospital and had his impounded car released to him.
“Thereafter, he instituted this suit in an attempt to remove the stain of his admission of guilt and or recover whatever monies he paid for medical/psychological evaluation which were never paid into the coffers of the 1st respondent(FRSC), at any time.”
In a unanimous judgment Justice Abang held that the appellant waved his constitutional right to a fair hearing by paying the fine imposed on him by FRSC officials.
Moreover, the judge dismissed the case for not disputing FRSC ‘s powers to arrest and prosecute anyone suspected of having committed traffic offense.
Abang said.
“The appellant did not establish in evidence that the Shehu Shagari way is not a Federal road or road belonging to the Federal government of Nigeria.
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On this issue, the mere assertion by the appellant that Shehu Shagari Way is not a road belonging to the federal government or highway is not sufficient.
“I think the trial court was right when it held that the 1st respondent could operate on all roads including Shehu Shagari way inside FCT, Abuja.
” The appellant’s first issue is resolved in favour of the first respondent.” (NAN)
