Court ruling

The Chief Executive of the Federal Road Safety Corps
(FRSC), Mr Boboye Oyeyemi, maybe jailed if found
guilty of contempt of court following the initiation of
contempt proceedings against him by a lawyer, Tope
Alabi, for allegedly disobeying a court order stopping
the corps from imposing fines on motorists in the
country.
FRSC Corps Marshal, Boboye Oyeyemi
It would be recalled that a Federal High Court
presided over by Justice John Tsoho in Lagos had on
September 26, 2014, nullified FRSC's powers to fine
motorists for violating traffic rules.
According to Alabi, FRSC was not empowered to
impose fines under sections 10 (4) and 28 (2) of the
FRSC (Establishment) Act 2007 because it is not a
court.
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Alabi in the committal proceedings initiated against
Oyeyemi is contending that FRSC officials have not
complied with the judgment which he noted was yet
to be set aside by the Court of Appeal.
According to him, FRSC did not apply for nor obtain
any stay of execution of the judgment.
In the form 48 and 49, Notice of consequences of
disobedience to order of court, dated August 20, the
Corps Marshal Oyeyemi is warned of being held
liable for contempt if his men continue to violate the
order by arresting and imposing fines on erring
motorists without taking them to court.
"Take notice that unless you obey the directions
contained in this order, you will be guilty of contempt
of court and will be liable to be committed to prison"
he said in his notice published in Vanguard
newspaper.
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According to the court, FRSC can arrest motorists for
traffic offences, but it must take them to mobile or
other courts which have the powers to punish traffic
offenders.
The lawyer further prayed the court should 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.
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