FRSC Can Confiscate Vehicles On All Public Roads, Court Rules

The Federal High Court in Abuja has affirmed the powers of the Federal Road Safety Corps. The court ruled that the agency can enforce traffic laws on all public roads in Nigeria. They can also confiscate vehicles of defaulters.

Justice Anwuli Chikere made these declarations in a judgment she delivered on Wednesday.

The judgment was delivered in a suit filed by Pius Abu who accused the FRSC and its men of wrongfully impounding his car for using telephone and subsequently impounding his car in Abuja in May 2019.

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The plaintiff said he was apprehended by the FRSC operatives at ECWA Junction, Wuse II, Abuja. They then impounded his Peugeot 306 car on May 6, 2019.  He alleged that the FRSC lacked the power to enforce traffic law on the road not stipulated in the FRSC (Establishment) Act.

But delivering judgment in the suit on Wednesday, Justice Chikere held that “It is wrong to limit the enforcement of the traffic rules to the roads listed in the Federal Road Safety Corps (Establishment) Act when the Act gives the 2nd defendant (FRSC) to enforce the traffic rules on all public roads in other legislations.”

She also ruled that FRSC is by the Act “empowered to arrest and prosecute anybody. That is anybody found to violate traffic rules on any public road”. Confiscate Vehicles

She also ruled that by virtue of “section 35 of the FRSC Act, the 2nd defendant can impound any vehicle found to have committed any offence in the Act”.

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On the propriety of arresting the plaintiff for using phone while driving, Justice Chikere ruled that the plaintiff did not deny making call or using the phone when he was arrested.

She noted that he only made an “afterthought” denial after the defendants -the FRSC and its official – filed a counter-affidavit in opposition to his suit.