An Asaba Delta State division of the Court of Appeal on Monday upheld the judgment of the Federal High Court, in Warri which had given a judgment to the effect that the Federal Road Safety Commission, (FRSC) can only operate on federal roads.

Appeal No. CA/AS/276/2019: FRSC v. Darlington Ehikim which the Court of Appeal dismissed was filed by FRSC challenging the judgment of Justice E. Nwite of the Federal High Court, Warri.

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 a re-emphasization of the federal structure of the country because the FRSC being a federal agency should only concern itself with federal roads.

Credit: Law and Society Magazine.

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