PRESS STATEMENT
FRSC’s UBAKALA MOBILE COURT: WHERE JUSTICE IS MISSING BUT FINES ARE NOT
The Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS) is compelled to draw public attention to disturbing reports regarding the operational conduct of the Federal Road Safety Corps (FRSC) along Enugu – Port Harcourt Express Road, near the Ubakala junction in Abia State.
While Nigerian law recognises the role of mobile courts in ensuring speedy trial of traffic offences, recent developments at this axis expose how an otherwise lawful mechanism has allegedly been converted into a tool for harassment and exploitation.
The Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS) is compelled to draw public attention to disturbing reports regarding the operational conduct of the Federal Road Safety Corps (FRSC) along Enugu – Port Harcourt Express Road, near the Ubakala junction in Abia State. While Nigerian law recognises the role of mobile courts in ensuring speedy trial of traffic offences, recent developments at this axis expose how an otherwise lawful mechanism has allegedly been converted into a tool for harassment and exploitation.
1. THE LEGAL FRAMEWORK VS. PRACTICE
The FRSC (Establishment) Act, 2007, alongside the National Road Traffic Regulations, 2012, permits the Commission to impound vehicles in certain circumstances and arraign offenders before duly constituted mobile courts presided over by magistrates. The essence of this framework is to balance road safety with constitutional guarantees of fair hearing under Section 36 of the 1999 Constitution.
However, credible reports reaching CEHRAWS indicate that the so-called “mobile court” set up near Ubakala junction is often manned solely by FRSC officials, with little or no presence of magistrates or court personnel. In such situations, motorists are allegedly “arraigned” in name only, coerced into paying arbitrary sums under the guise of fines, and threatened with indefinite impoundment of their vehicles if they resist.
2. ABUSE OF PROCESS AND INTIMIDATION
This practice amounts to:
✓ Judicial usurpation – since only a court of law, presided over by a judicial officer, can convict or impose fines.
✓ Economic exploitation – as motorists are compelled to part with money under duress, often for minor infractions such as seat belt issues, faded number plates, or paperwork delays.
Violation of constitutional rights – because fair hearing requires not only access to a court, but access to a court properly constituted in law. A mobile court in form without judicial substance is nothing more than a roadside extortion point.
3. THE WIDER IMPLICATIONS
If left unchecked, such abuses erode public trust in traffic enforcement, stigmatise mobile courts as tools of oppression rather than justice, and expose the Nigerian Police Force, Judiciary, and FRSC to reputational damage. Moreover, they undermine the very objective of traffic regulation, which is road safety—not revenue generation or harassment.
4. OUR DEMANDS
CEHRAWS hereby calls on:
1. The Chief Judge of Abia State to investigate and clarify the legality of mobile court sittings near Ubakala junction and ensure that only properly constituted courts preside over traffic cases.
2. The Corps Marshal of the FRSC to discipline officers found to be abusing their powers and to dismantle any pseudo-court structures lacking judicial oversight.
3. The National Judicial Council (NJC) to provide guidelines ensuring that mobile courts are transparent, properly constituted, and free from executive interference.
4. The National Human Rights Commission (NHRC) to monitor the situation and address reported cases of intimidation and extortion.
5. CONCLUSION
The mobile court system is not inherently unlawful, but its misuse for exploitation is an affront to justice, the Constitution, and the Nigerian people. CEHRAWS will continue to document, publicise, and pursue redress against such abuses, including through public interest litigation and media advocacy, until accountability is achieved.
Signed,
Okoye, Chuka Peter
Executive Director
cehraws@gmail.com | +234(0)803-552-9865.
