By Sabiu Abdullahi
Two prominent figures in Bauchi State, Dr. Ibrahim Danjuma, the chairman of the Nigeria Bar Association (NBA), Bauchi State chapter, and Habila Isa Barau, have filed a lawsuit against the Federal Road Safety Corps (FRSC) at the Federal High Court of Bauchi Judicial Division.
This is coming a few days after there stood allegations that officers of the road agency chased a commuter who afterwards caused an accident that took the life of a motorist.
The lawsuit challenges the FRSC’s authority to stop, harass, and arrest commuters on state and local government roads within the state.
The plaintiffs, represented by An-Nur Chambers, argue that the FRSC’s jurisdiction is limited to federal highways and trunk roads, as stipulated in the Nigerian Constitution and the Federal Road Safety Commission Act.
They allege that the FRSC has been overstepping its bounds by operating on state roads like Yelwa Road and Ahmadu Bello Way, causing inconvenience and harassment to citizens.
‘The lawsuit lays out three main arguments’
1. The plaintiffs cite Section 1(3) and Item 63 of the Second Schedule to the Constitution, which explicitly grant the FRSC power over “traffic on federal trunk roads” only. They argue that this restricts the FRSC’s operation to federal highways and excludes state and local government roads.
2. The plaintiffs point to Section 30 of the Federal Road Safety Commission Act, which defines “public road” as including federal, state, and local government roads. However, they contend that this definition should be read in conjunction with the Constitution’s limitation on the FRSC’s jurisdiction over federal highways.
3. The plaintiffs argue that the FRSC’s activities on state roads infringe on the citizens’ right to freedom of movement, guaranteed by Section 41 of the Constitution. They claim the FRSC’s actions, including stopping, harassing, and arresting commuters, are unlawful and deprive citizens of their constitutional rights.
‘The plaintiffs seek seven reliefs from the court’
In the existing circumstances, the lawyers are seeking the court to take the following actions against the FRSC:
1. A declaration that the FRSC lacks the authority to operate on state and local government roads in Bauchi State.
2. A declaration that the FRSC cannot intercept, inspect, harass, or arrest people for traffic violations on state and local government roads.
3. A clarification that the definition of “public road” in the FRSC Act does not extend to state and local government roads.
4. A restriction of the FRSC’s operations to federal highways.
5. A declaration that the FRSC’s actions on state roads are unlawful and violate citizens’ freedom of movement.
6. An injunction against the FRSC for further infringing on citizens’ rights on state and local government roads.
7. N20 million ($42,000) in damages for the inconvenience and harassment caused by the FRSC’s actions.
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