By FRESHGIST
Court of Appeal, Calabar division has Maintained the powers of the Federal Road Safety Corp (FRSC) to impound the vehicle and place a fine on an erring motorist, one Micheal Benson (Esq) in Akwa Ibom State.
Benson, the appellant who's a lawyer practicing in Uyo was arrested by the officers and men of the FRSC on patrol in 2017 for drivers license violation, vehicle licence violation and Tyre violation.
His vehicle, Toyota saloon car with reg nos:KTS 572 was impounded and a fine slammed on him by the officers.
Benson however dragged the FRSC to the Akwa Ibom State high court Uyo in a suit nos:HU/FHR. 21/2017 challenging its powers and right to impound his vehicle and called for the enforcement of his fundamental human right.
He also demanded to be awarded a sum of N10Million as damages.
The trial Judge, justice Aniekan Akpan dismissed the application for lacking in merit noting that the FRSC has the powers according to the constitution to impound vehicles and fine any erring motorist.
Benson then proceeded to the Court of Appeal, for the judgement of the lower court to be upturned but the three man panel, Hon justice R C Agbo, Hon justice M B Barka, Hon justice B.B Aliyu, delivering judgement on Monday June 26, 2023 in suit nos:CA/C/305/2017. Michael Benson Esq vs FRSC, upheld the ruling of the Akwa Ibom high court.
Justice Aliyu who read the judgement on behalf of the panel ruled: "FRSC has the powers to arrest, prosecute within the ambit of Law denoted to the commission. We affirm the decision of the trial court and posit that the Appeal was grossly incompetent."
The court also dismissed the prayer that N10Million should be awarded to him as damages rather awarded a cost of N50,000(fifty thousand naira only) against the Appellant in favour of FRSC
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