ROAD TRAFFIC (MOBILE COURTS) LAW
ARRANGEMENT OF SECTIONS
List of offences under this Law, the Road Traffic Law and the
Road Traffic Regulations
ROAD TRAFFIC (MOBILE COURTS) LAW
The House of Assembly of Cross River State of Nigeria hereby makes the following— LAW
(1st December, 1985)
Road Traffic (Mobile Courts) Law
[Issue 1] R6 – 2
(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.
(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.
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.
(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.
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.
(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.
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.
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.
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.
(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.
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.
(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.
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.
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.
(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.
(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.
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.
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.
(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.
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.
(1) This Law may be cited as the Road Traffic (Mobile Courts) Law.
(2) The Road Traffic (Special Provision) Law 1975 is hereby repealed.
List of offences under this Law, the Road Traffic Law and the Road Traffic Regulations
No. Offences Fines
No. Offences Fines
ROAD TRAFFIC (MOBILE COURTS) LAW
No Subsidiary Legislation
RURAL ELECTRIFICATION BOARD LAW
ARRANGEMENT OF SECTIONS
Establishment, constitution and functions of the Board
Financial provisions and assets of the Board
Administrative organisation of the Board
Powers and procedure in respect of electricity supply and its charges
Accounts and reports of the Board
Miscellaneous and general
Proceedings of the Board