FRSC can only operate on Federal Roads, Appeal Court affirms
By Emma Ogbuehi
Controversies on areas of operation by the Federal Road Safety Commission (FRSC), were further settled on Monday, by the Court of Appeal in Asaba, Delta State. In a significant judgement, the Court of Appeal sitting in Asaba, affirmed an earlier judgment of the Federal High Court, in Warri, which held that the Commission, can only operate on federal roads.
A panel of the court in suit No. CA/AS/276/2019: FRSC Vs Darlington Ehikim dismissed the appeal filed by FRSC challenging the judgment of Justice E. Nwite of the Federal High Court, Warri.
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The Federal High Court had on January 25, 2019 entered judgement in favour of the Plaintiff, who is a member of the NBA Warri and granted all the reliefs sought, which includes a declaration that the FRSC has no right to operate and/or carry any activity on State and Local governments roads.
The trial court also issued restraining orders against the Commission from operating on roads other than federal highways and also awarded cost of N10m against the FRSC
Plaintiff’s lawyer, Mr. Kunle Edun commended both the trial and appellate court for standing by the proper interpretation of the law.
He said that by virtue of the Court of Appeal judgment, FRSC personnel who are on roads inside cities and towns except Federal highways, have no right to be there, as their operations on such roads which are mainly to extort road users are illegal.
Edun further stated that the judgment is re-emphasises the federal structure of the country because the FRSC being a federal agency should only concern itself with federal roads.
The judgement brings to an end the confusion on precise areas of operation by the corps operatives.
