CROSS RIVER – ROAD TRAFFIC (MOBILE COURTS) LAW

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LAWS OF CROSS RIVER STATE

CHAPTER R6

ROAD TRAFFIC (MOBILE COURTS) LAW

ARRANGEMENT OF SECTIONS

SECTION

1. Establishment of the mobile court.
2. Officers of the court.
3. Magistrate’s court to exercise jurisdiction in absence of the court.
4. Jurisdiction of the court.
5. Powers of the court.
6. Chief Judge to make rules for practice and procedure of the court.
7. Law to apply to offences under Road Traffic Law and Road Traffic Regulations.
8. Powers of arrest.
9. Failure to pay fine on the spot.
10. Payment of fixed penalty.
11. Form of Notice.
12. Affixing notice to vehicle in absence of driver or owner.
13. Obstruction of officers of the court.
14. Protection of officers of the court.
15. Offences and penalties.
16. General penalty.
17. Appeals.
18. Quarterly returns.
19. Interpretation.
20. Citation and repeal.

SCHEDULE

List of offences under this Law, the Road Traffic Law and the

Road Traffic Regulations

CHAPTER R6

ROAD TRAFFIC (MOBILE COURTS) LAW

The House of Assembly of Cross River State of Nigeria hereby makes the following— LAW

(1st December, 1985)

[Commencement.]

CAP. R6

Road Traffic (Mobile Courts) Law

[Issue 1] R6 – 2

1. Establishment of the mobile court

(1)      There is hereby established for the State a mobile court (in this Law referred to as “the court”) which shall be presided over by—

(a)      a magistrate grade three, or a legal practitioner appointed by the State Judicial Service Committee;

(b)      a retired police officer not below the rank of superintendent of police, or a retired administrative officer not below the rank of Principal Secretary appointed by the State Judicial Service Committee.

(2)      The conditions of service of a person appointed under subsection (1) (a) or (1) (b) shall be regulated by the State Judicial Service Commission and they shall each be paid such remuneration and allowances as may be determined by that Committee.

(3)      It shall be the duty of the court to speedily try and determine cases arising from or under the provisions of this Law.

2. Officers of the court

(1)      The Chief Judge shall deploy a suitable person to be the registrar of the court and such other staff as may be necessary for the efficient functioning of the court.

(2)      There shall be such other officers to assist the court, who shall include—

(a)      a vehicle inspection officer; and

(b)      a traffic police officer.

(3)      The registrar shall perform such duties as may from time to time be assigned to him by the presiding magistrate, legal practitioner, police or administrative officer and shall in particular—

(a)      attend such sittings of the court as the magistrate, legal practitioner, police officer or administrative officer shall direct;

(b)      fill up or cause to be filled up summonses, warrants, orders, writs of execution and other processes and submit the same for the signature of the presiding magistrate, legal practitioner, police officer or administrative officer;

(c)      prepare and issue notice of all offences;

(d)      register all orders and judgments of the court;

(e)      keep proper record of all fines ordered by court and issue official receipts for all fines for which payments have been made;

(f)      prepare and submit to the Chief Judge and the Accountant-General quarterly returns on court matters, which shall contain a list of all the fines received by him during the period, giving full particulars of persons who paid the fines and receipts issued for such fines.

3. Magistrate’s court to exercise jurisdiction in absence of the court

A magistrate’s court shall have and exercise a like jurisdiction as the court in any area of the State where the court is not functioning.

4. Jurisdiction of the court

(1)      The court shall have jurisdiction to summarily hear and determine certain causes or matters under the provisions of this Law, the Road Traffic Law or the Road Traffic Regulations.

(2)     The court may move from one urban area to another or from one part of the State to another to hear and determine cases arising under the provisions of this Law, the Road Traffic Law or the Road Traffic Regulations and may sit at any convenient point or place on the highway or any suitable place.

(3)      Every decision of the court shall be signed, as the case may be, by the presiding magistrate, legal practitioner, police officer or administrative officer.

5. Powers of the court

The magistrate, legal practitioner, police officer, or administrative officer presiding over the court shall, in addition to any other power exercisable by a magistrate grade three under the Magistrate’s Court Law, have power—

(a)      to fine on the spot any individual, firm, or company that commits an offence under this Law or any other written law;

(b)      to affix a notice to any vehicle that contravenes any of the provisions of this Law or any other written law.

6. Chief Judge to make rules for practice and procedure of the court

(1)      The Chief Judge shall make rules for practice and procedure of the court and until rules are made by the Chief Judge the practice and procedure in the magistrate’s court in civil matters shall apply to the proceedings of a court established under the provisions of this Law.

(2)      The proceedings of the court shall be open to the public and the court may—

(a)      summon any person to give evidence which the court considers relevant; and

(b)      examine any witness on oath.

7. Law to apply to offences under Road Traffic Law and Road Traffic Regulations

Notwithstanding anything to the contrary contained in any other written law, the provisions of this Law shall apply to any offence created by or under law applicable to any highway under the Road Traffic Law or the Road Traffic Regulations.

8. Powers of arrest

Where a traffic police officer finds a person on any occasion or has reason to believe that such person is committing or has committed an offence, the traffic police officer may arrest such person without a warrant and may give such person the prescribed notice in writing offering him the opportunity of paying on the spot the fine prescribed for that offence under this Law, and if such person pays the prescribed fine for the offence in accordance with the provisions of this Law, he shall be released.

9. Failure to pay fine on the spot

Where a person has been served with a notice under section 8 of this Law in respect of an offence prescribed under this Law and fails to pay the prescribed fine for that offence, he shall be arraigned before the court and tried for that offence.

10. Payment of fixed penalty

(1)      Payment of a fixed penalty under section 9 shall be made in accordance with the rates specified in the Schedule hereto or any amendment or variation thereof, to the registrar of the court, the sub-treasury or the registrar in a magistrate’s court in the area where the offence was committed as specified in the notice.

(2)      The defaulter shall be issued with a revenue collector’s receipt acknowledging the payment and he shall thereafter be released, and the money paid by way of a fixed penalty for the offence shall be treated as if it was a fine imposed on summary conviction in a magistrate’s court.

(3)      In any proceedings before the court a receipt that payment of a fixed penalty was made to the registrar of the court or any other authorised person on a date specified in the receipt shall, if the receipt is or purports to be signed by the registrar or the authorised person, be sufficient evidence of the facts stated in such receipt unless the contrary is proved.

11. Form of Notice

A notice issued under section 8 of this Law shall contain such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information thereof, and shall also state the date when payment shall be made, the amount of fixed penalty and the address at which the fixed penalty may be paid.

12. Affixing notice to vehicle in absence of driver or owner

(1)      Where a traffic police officer or vehicle inspection officer finds a vehicle parked at a place where—

(a)      it is unlawful to do so;

(b)      in the opinion of the traffic police officer or vehicle inspection officer, the vehicle should not be so parked, the traffic police officer or vehicle inspection officer shall affix a notice to such vehicle and such notice shall be deemed to be given to the driver, owner or other person in control or in  charge of the vehicle.

(2)      A notice affixed to a vehicle under this section shall not be removed or interfered with unless the driver or other person in control or in charge of the vehicle has discharged his liability for the offence in question and any person who contravenes this subsection shall be liable on summary conviction to a fine of fifty naira or to imprisonment for one month or to both.

(3)      Where a vehicle to which a notice has been affixed under this section is a vehicle owned by the government of the State or of any other State or Federal Government, the Ministry or Department in whose service the vehicle is used may either pay the fixed penalty or indicate that the driver or other person in control of the vehicle shall be personally liable therefore and that person shall either pay the prescribed fixed penalty or be liable on conviction for the offence.

(4)      In any proceedings for an offence under section 7 of this Law no reference shall be made after the conviction of the accused, to the giving or affixing of any notice under this section or to the payment or non-payment of a fixed penalty thereunder unless in the course of the proceedings or in some document which is before the court in connection with the proceedings reference has been made by or on behalf of the accused to the giving or affixing of such notice or as the case may be, to such payment or non-payment.

13. Obstruction of officers of the court

Any person who obstructs, prevents, hinders, or assaults a traffic police officer, vehicle inspection officer or any other staff of the court in the lawful execution of his duties under this Law shall be guilty of an offence and liable on conviction to a fine of one hundred naira or to imprisonment for a term not exceeding six months or both.

14. Protection of officers of the court

No officer of the court or person duly authorised to carry out the lawful orders of the court shall be liable to be prosecuted or sued in any court for carrying out lawful orders of the court.

15. Offences and penalties

(1)      Any person who commits an offence under the provisions of section 7 of this Law shall be liable to a fine prescribed against each offence in the Schedule to this Law.

[Schedule.]

(2)      Any person who fails to pay the prescribed fine for the offence committed shall be liable on conviction by the court to imprisonment for a term not exceeding one year.

16. General penalty

Any person who contravenes the provisions of any section of this Law or any other written law for which no punishment is provided shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred naira or to a term of imprisonment not exceeding six months or to both such fine and imprisonment.

17. Appeals

A party to any proceedings before the court may appeal within thirty days of the order or judgment against the decision of the court to a High Court having jurisdiction in the area: Provided that such right of appeal shall not be exercised until after an aggrieved party pays thefine for the prescribed offence and obtains an official receipt therefor.

18. Quarterly returns

(1)      The registrar shall submit quarterly returns to the Chief Judge on matters concerning the court.

(2)      A report submitted pursuant to subsection (1) shall contain a general appraisal of the achievements of the court during the quarter and shall include—

(a)      a statement of the total number of cases before the court during the quarter;

(b)      a statement of the total number of cases disposed of by way of fine or conviction; and

(c)      the total number of decisions appealed against.

19. Interpretation

In this Law unless the context otherwise requires—

“Chief Judge” means the Chief Judge of the State;

“court” means a mobile court established under section 1 of this Law;

“function” includes powers and duties;

“Governor” means the Governor of the State;

“highway” includes any roadway to which the public has access;

“motor vehicle” means a mechanically propelled vehicle intended or adopted for use on roads;

“police officer” means any member of the police force;

“State” means Cross River State.

20. Citation and repeal

(1)      This Law may be cited as the Road Traffic (Mobile Courts) Law.

(2)      The Road Traffic (Special Provision) Law 1975 is hereby repealed.

SCHEDULE

List of offences under this Law, the Road Traffic Law and the Road Traffic Regulations

No. Offences Fines

₦

1. Driving without current valid driving licence ………………………………………………….. 100.00
2. Driving with expired driving licence ……………………………………………………………… 100.00
3. Driving without a current valid driving licence ……………………………………………….. 100.00
4. Driving an unregistered vehicle …………………………………………………………………….. 100.00
5. Driving a commercial vehicle without Hackney/Stage Carriage Licence …………….. 100.00
6. Being in possession of a driving licence and driving of any vehicle by a person under 18 years of age ………………………………………………………………………………………. 100.00
7. Driving a vehicle without a cover note or a certificate of insurance ……………………. 100.00
8. Carrying a roof rack without Permit ………………………………………………………………. 50.00
9. Not wearing a Conductor’s badge ………………………………………………………………….. 50.00
10. Not wearing a Driver’s badge ……………………………………………………………………….. 50.00
11. Driving a vehicle with worn-out tyres ……………………………………………………………. 100.00
12. Not being in possession of a certificate of road worthiness ……………………………….. 100.00
13. Failure to observe traffic directions, traffic lights signs and road signs ……………….. 50.00
14. Carrying excess passengers ………………………………………………………………………….. 100.00
15. Carrying animals with passengers in a vehicle ………………………………………………… 100.00
16. Carrying load above the authorised weight ……………………………………………………… 100.00
17. Driving a vehicle with one or no headlight ……………………………………………………… 50.00
18. Driving a vehicle with brake light not functioning …………………………………………… 25.00
19. Driving with defective rear plate number light ………………………………………………… 50.00
20. Driving a vehicle without effective foot brake ………………………………………………… 100.00
21. Dangerous parking on highways ……………………………………………………………………. 100.00
22. Driving a vehicle with defaced vehicle registration number ………………………………. 50.00

No. Offences Fines

₦

23. Driving a vehicle with obscure identification mark ………………………………………….. 50.00
24. Driving a vehicle with reflective plate number ………………………………………………… 50.00
25. Carrying load in a vehicle against the provision of the Road Traffic Regulations …. 50.00
26. Driving a vehicle with unsecured tailboard …………………………………………………….. 50.00
27. Carrying loads or freight on the canopy of any vehicle or trailer ………………………… 50.00
28. Driving a vehicle with direction indicators and flasher unit not functioning ………… 50.00
29. Driving without driving mirrors ……………………………………………………………………. 50.00
30. Driving a vehicle with defective steering apparatus …………………………………………. 100.00
31. Reckless dangerous driving ………………………………………………………………………….. 100.00
32. Driving or carrying a passenger on motor cycle without approved helmet …………… 50.00
33. Overtaking on right hand side of the road ……………………………………………………….. 100.00
34. Carrying load above the normal height …………………………………………………………… 100.00
35. Driving a vehicle with obscured rear view ………………………………………………………. 50.00
36. Driving a vehicle without a horn or with a horn having more than one tone ………… 50.00
37. Driving vehicle without dealers plate number (new vehicle) ……………………………… 100.00
38. Driving a motor vehicle under the influence of drink or drug …………………………….. 100.00
39. Smoking while driving …………………………………………………………………………………. 50.00
40. Driving a vehicle without being in possession of a jack ……………………………………. 100.00
41. Driving with defective speedometer ………………………………………………………………. 100.00
42. Driving a taxi or other commercial vehicle not painted with the authorised colour .. 100.00
43. Parking or stopping of commercial vehicle at unauthorised Bus Stops or prohibited places ………………………………………………………………………………………………………… 50.00
44. Failure to report accident ……………………………………………………………………………… 50.00
45. Driving a 15 ton and above vehicle in unauthorised route ………………………………… 100.00
46. Causing an obstruction on a public highway ……………………………………………………. 50.00
47. Being a learner driver on road without exhibiting the learner’s (‘L’) plates …………. 50.00
48. Being a learner driver, driving a vehicle without a learner’s permit ……………………. 50.00
49. Being a learner driver, driving a vehicle on an expressway ……………………………….. 50.00
50. Driving a vehicle on a pavement or side walk …………………………………………………. 100.00
51. Driving in opposite direction of one-way traffic flow ……………………………………….. 50.00
52. Driving an unlicensed vehicle ……………………………………………………………………….. 100.00

CHAPTER R6

ROAD TRAFFIC (MOBILE COURTS) LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

CHAPTER R7

RURAL ELECTRIFICATION BOARD LAW

ARRANGEMENT OF SECTIONS

PART 1

Establishment, constitution and functions of the Board

SECTION

1. Establishment and incorporation of the Board.
2. Constitution of the Board.
3. Supplementary provisions.
4. Functions of the Board in respect of the management and supply of electricity within the Board’s area of authority.
5. General powers of the Board.
6. Contractual power of the Board.
7. Part of section 5 to be read subject to section 6.
8. Special powers of the Board.
9. Appointment of committees.
10. Power of Commissioner to give directions.

PART 2

Financial provisions and assets of the Board

11. Funds and resources of the Board and application of the Board’s revenue.
12. Loans and grants by the Government and advance account for working capital.
13. Power to borrow money.
14. Debentures to the Government.

PART 3

Administrative organisation of the Board

15. Provisions relating to the General Manager.
16. Provisions relating to the Secretary to the Board.
17. Financial affairs of the Board.
18. Appointment of the principal officers of the Board.
19. Other staff etc., of the Board.
20. Power to make regulations relating to employees of the Board.
21. Power to make rules relating to retirement benefits for employees of the Board.

PART 4

Powers and procedure in respect of electricity supply and its charges

22. Scales and charges for electricity.
23. Power to make regulations for carrying into effect the provisions of this Law.
24. Recovery of charges or fees.
25. Continuity of electricity supply.
26. Purchase and resale of electricity.
27. Board not responsible for consumer’s fittings, etc.
28. Entitlement to supply and preclusion of preferential treatment.
29. Expenses of certain necessary alterations.

PART 5

Accounts and reports of the Board

30. Accounts, audit and estimates.
31. Annual report.

PART 6

Offences

32. Construction of electricity work.
33. Injury, pollution, etc.
34. Altering service to be an offence.
35. Fraudulent measurement.
36. Penalty for refusal or inciting any person to refuse to pay charges or fees, etc.

PART 7

Miscellaneous and general

37. Proof of money due.
38. Power of entry by the Head of the electrical section in the Ministry of Works.
39. Power of the Commissioner to surcharge persons.
40. Recovery of surcharge.
41. Appeals against surcharges.
42. Provisions relating to lands required for electrification.
43. Power to acquire land.
44. Execution or issue of instrument.
45. A member not personally liable.
46. Service of notice or other legal process.
47. Restriction on execution against Board’s electrification works.
48. Electricity excluded from charges, fees, etc.
49. Quorum and procedure of bodies established by or under this Law.
50. Disbursement of funds.
51. Exclusion of agreements for supply of electricity in the Board’s area of authority from stamp duty.
52. Offences by bodies corporate.
53. Interpretation.
54. Citation and application.

SCHEDULE

Proceedings of the Board