Federal Court of Justice bars FRSC officials from operating on state roads -Nigerian

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The Federal Court of Justice, Warri, today filed a judgment in the Darlington Ugo Ehirim case against the Federal Road Safety Commission (FKS). Law No FHC / W / CS / 90/2017.

The plaintiff said in a sworn statement in support of his original charge that he was arrested by FRSC officials while driving along the Ajamimogha Road and Warri on his way to the court. The plaintiff had asked the authority of the FRSC officials to set up a long queue early in the morning while checking vehicle data. The plaintiff further stated that the officials of the Russian Federation out of annoyance had told him to park. They confiscated his vehicle data and sued him for allegedly accusing of not wearing a seatbelt. The lawsuit against the plaintiff was withdrawn at the intervention of Kunle Edun, then-vice-chairman of the NBA, Warri (now National Publicity Secretary of the Nigerian Bar Association).

Mr. Kunle Edun, who acted as the plaintiff's attorney and chair of the NBA Warri Human Rights Committee, filed an action with the Federal Court of Justice, Warri, asking for the following questions:
1) whether the provisions of the Federal Road Safety Commission Act 2007 (in particular section 30, which defines "public road traffic") and its subsidiary legislation The provisions of section 118 of the 2004 National Road Traffic Regulations (in which "motorway" is defined) As far as public roads and motorways are defined to include all roads in states and municipalities, given the clear provisions of Section 1 (3) and Point 63 of Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria, as amended in 1999 concerning the power of the defendant (a federal authority) to exercise responsibility for the supervision and enforcement of vehicle traffic over the streets of Stares and Local Government in Nigeria?

2) whether on the basis of the clear provisions in Section 1 (3) and Point 63 of Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria of 1999, as amended; The defendant has the right to arrest, detain and / or prosecute the authority and / or authority to arrest and / or prosecute the claimant or any person for violations of traffic laws on a non-federal road.

3) Indicate whether the Law on Road Safety Commission (Cap F19) LFN 2010 contains a provision or a subordinate law authorizing the defendants' officials to mount any type of roadblocks (persons or others) on public highways in the Federal Republic of Germany alleged exercise of its functions under the said law?

The applicant requested the following relief:
1) A statement that the Defendant lacks the right, powers and legal nature under the clear provisions of Section 1 Number 3 and Point 63 of Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria of 1999, as amended, or authority to exercise jurisdiction in relation to vehicle traffic, supervision and enforcement with respect to the roads of states and municipalities in Nigeria.

2) A statement that the defendant disposes of the rights, powers and / or powers of the plaintiff or any other person based on the clear provisions of Section 1 point 3 and point 63 part 1 of the Second Schedule of the Federal Republic of Nigeria, as amended to arrest, detain and / or prosecute for traffic violations on a state or local government road in Nigeria.

3) A statement that the definitions of "Public Road Traffic" contained in the provisions of Section 30 of the Federal Law for Traffic Safety Commission 2007 (Cap F19) LFN 2010 and "Highway" in the provisions of Section 118 of the National Road Traffic Regulations 2004 Regulations not extend to or exclude states and local government in Nigeria, based on the clear provisions of Section 1 (3) and Section 63 of Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria of 1999, as amended; Therefore, it is the ultimate power of the National Assembly to pass laws governing traffic on roads other than federal highways.

4) A statement that the defendant's activities and jurisdiction are restricted to traffic on federal roads or federal highways due to the clear provisions of § 1 (3) and Part 63 of Part 1 of the Second Schedule of the Federal Constitution. Republic of Nigeria, 1999, as amended.

5) A statement that the recruitment of the applicant's vehicle Reg. No. KJA 502 and confiscation of his driver's license by the defendant on 15 June 2017 along the Ajamimogha Road by the Herismor House, Warri (no federal highway) is unlawful and an infringement Freedom of the plaintiff Freedom of movement, as guaranteed by the provisions of Section 41 of the Constitution of the Federal Republic of Nigeria, as amended in 1999.

6) Action for injunctive relief that prevents the defendant, alone and / or through his or her privileges, agents, officials, subordinates or in any other circumstances, from further harassing, detaining, arresting or prosecuting the claimant or any other motorist and / or the use of the roads of the United States of America.
7) The sum of N10,000,000.00 (Ten Million Naira) as exemplary and general damage.

The trial court agreed with all questions raised by Kunle Edun, the plaintiff's lawyer, and accordingly granted all reliefs requested. The court also awarded the defendant costs of N200,000.00.

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