IMPOSITION OF PENALTIES BY ROAD TRAFFIC CONTROL AGENCIES IN NIGERIA

Abstract

Traffic management remains one of the major challenges of traffic authorities in Nigeria. To ensure the safety of road users, the Federal Government established the Federal Road Safety Corporation by virtue of section 5 of the Federal Road Safety Commission Act. The States of the Federation by item 19 of the concurrent list part 11 of the Constitution of the Federal Republic of Nigeria 1999(as amended)have not only strengthened and made laws for themselves, but have established traffic agencies to regulate the traffic management activities within the various States. The researcher will examine the imposition of penalties by road traffic control agencies in Nigeria. The researcher employs doctrinal research method in consideration of primary and secondary source materials which include the Statutes, Case laws, Book, Journal Article, Newspaper publications and Internet Resources. There has been incessant usurpation of the duties of the court and imposition of penalties by the traffic control agencies in Nigeria and these has led to bribery and corruption, indiscipline and lawlessness, as the motorists confidently violate the traffic rules and part with few silver coins to the traffic agencies. This have increased cases of traffic violations in the country. The researcher recommends that the section of the traffic laws that expressly mandates or authorizes a traffic officer to impose fine negatives the settled position of the law that only a court of competent jurisdiction can try an offence and impose penalty. This calls for an urgent amendment to the provision of such laws that toed the path of inconsistency and neglect to the court and the Constitution of the Federal Republic of Nigeria.