Amendments to FRSC Discipline Regulations 2018 as of December 2019
The Federal Road Safety Corps (FRSC) Board approved amendments to the Regulations on Discipline in December 2019. The amendments include defining Suspension from Service as the prohibition from carrying out duties and receiving emoluments pending investigation or prosecution for serious misconduct. The regulations outline procedures for suspension, payment of emoluments, and responsibilities of suspended members. Notifying authorities and providing contact information are key requirements for members under suspension.
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FRSC REGULATIONS ON DISCIPLINE, 2018 AS AMENDED
At the sitting of FRSC Board on Wednesday, 11th December, 2019, the Board approved the following amendments to Regulations on Discipline, 2018: the FRSC
Regulation 4 (Interpretation Clause) is amended to include the definition of Suspension from Service as follows:
Suspension from Service Prohibition from carrying out duties and payment of salary and other emoluments pending the outcome of an investigation of a serious misconduct by an FDP or prosecution for a criminal offence by the law court.
It shall apply where a prima facie case, the nature of which is serious, has been established against the member of the Corps and a Convening Order has been issued to investigate him/her. It must also be considered necessary in the public interest that he/she should forthwith be prohibited from carrying out his/her duties.
Pending investigation into the misconduct, the Board or the Corps Marshal (if within his delegated powers) shall forthwith suspend him/her from the exercise of the powers and functions of his/her office and from enjoyment of his/her emoluments. However, where the outcome of the investigation is in his/her favour, he/she shall be paid arrears of his/her emoluments and be restored to his/her position or any other position he/she may be deployed to.
A member of the Corps who is under suspension shall notify the Corps Marshal of his/her intention to leave his/her Command. He/she shall also be responsible for keeping his/her Command informed of the address at which instructions to him/her can be delivered.
23. (1) Any member of the Corps who; (a) Embarks on an unauthorized patrol either alone or with other member(s) of the Corps or other person(s) not being members of the Corps; or (b) Abandons the route to which he is assigned to patrol without the directive of the Commanding Officer; or (c) Collects fines in cash from road traffic offender(s) while on patrol or in the office; or
(d) While on patrol on sighting a surveillance team attempts to escape or escapes or refuses to make a statement after being duly cautioned when requested to do so by any member of the surveillance team; or (e) While on patrol, engages the services of an unscheduled person to collect, keep or hide money or any other item; or
(f) pursues any motorist or any suspected road traffic offender while on patrol or in any other official or personal capacity; shall be suspended from service pending the outcome of investigation by the FRSC Disciplinary Panel and the final determination of the case by the Board or the Corps Marshal as the case may be. Where a member of the Corps is found culpable, his/her appointment shall be terminated.
Note that in the case of an unscheduled person who is a member of the Corps, he shall also be liable to termination of appointment while in the case of an unscheduled person who is not a member of the Corps he shall be handed over to the police for prosecution.
(2)(a) excess of the declared One Thousand Naira (N1,000) or any other undeclared money is found on the person of any member of a patrol team such a person shall be suspended from service pending the outcome of investigation by the FRSC Disciplinary Panel determination of the case by the Board or the Corps Marshal as the case may be; and if found culpable shall appointment terminated. where any undeclared money in and the final have his/her
(b) where any undeclared money in excess of the declared One Thousand Naira (N1,000) or any other undeclared money is found in the patrol vehicle or within 20 metres radius of the patrol point the entire team shall be suspended from service pending the outcome of investigation by the FRSC Disciplinary Panel and the final determination of the case by the Board or the Corps Marshal as the case may be; and if found culpable shall appointments terminated. have their
Provided that if any member of the team claims ownership of the money, only that person shall be suspended from service and if found culpable shall be liable to termination of appointment. Where no member of the team claims ownership or responsibility of the money and same cannot be traced to any member of the team, the entire team shall be suspended from service and if found culpable their appointments shall be terminated.
(c) No member of a patrol team shall declare any money in excess of One Thousand Naira (N1, 000) except same is approved by the Commanding Officer or Head of Operations. Any member of a patrol team who fails to comply with this provision commits a gross misconduct and shall be liable to reduction in rank.
Regulations 42, 43 and 45 are merged as Regulation 42; 42. Any member of the Corps who is accused of manslaughter, murder, rape, criminal felony or serious misdemeanor shall be handed over to the Police for prosecution in a competent court of law and suspended from service and if convicted, shall be dismissed from service.
Regulation 44 is merged with Regulation 46 and renumbered as Regulation 43; 43. Any member of the Corps who: (a) Takes part in an open demonstration, rebellion or riot against any lawful authority or employs the use of force and threat of violence in such circumstances as to make the disobedience subversive of discipline or having as its objective avoidance of any duty or services; or
(b) Incites any member of the Corps to take part in such misconduct as provided above, whether actual or intended; or (c) accused of treason or treasonable felony; shall be handed over to the Police for prosecution in a competent court of law and be suspended from service and if convicted shall be liable to dismissal from service.
A new regulation 44 is inserted as follows: 44. Any member of the Corps who is accused of fraud shall be handed over to the Police for prosecution in a competent court of lawand be suspended from service and if convicted shall be liable to dismissal from service.
Regulation 56 is amended as follows: 56.(1) An allegation against any member of the Corps shall be duly investigated within four weeks from the date the FRSC Disciplinary Panel is convened. Provided that where the Disciplinary Panel cannot conclude its investigation within the four weeks, it shall apply to the appropriate authority for extension of time for two weeks giving reasons for its failure to do so and shall conclude the investigation not more than four weeks from the date of extension. (2) Where the FRSC Disciplinary Panel neglects and or refuses to conclude investigation within the period specified in regulation 56(1) above, the members of the FRSC Disciplinary Panel shall be investigated for dereliction of duty.
(3) Where investigation is not concluded in line with regulation 56 (1) above, the appropriate authority shall convene a new FDP to investigate the alleged misconduct and the proceedings of the initial FDP shall become a nullity. (4) Where the FRSC Disciplinary Panel concludes its investigation in line with regulation 56(1), the Management shall ensure that all other administrative procedures in respect of the case are concluded within two (2) months.
