FRSC/HQ/LEG/VOL by 87D52HjJ

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									FRSC/HQ/LEG/VOL.30/29                                      APRIL 2008


Ag. Nodal Officer


RE: REQUEST FOR CHARTER UPDATE


Reference: FRSC/CM/SERVICOM/VOL.1/40 dated 2nd April 2008


The above refers, please.

Find below the charter update on the Corps Legal Office.

1.     ESTABLISHMENT: The Federal Road Safety Commission was
established by Cap 141 Laws of the Federation of Nigeria 1990 which
incorporated the enabling Decree No 45 of 1988 amended by Decree No 35
of 1992. The Act was repealed and replaced with the FRSC Act, 2007.

The FRSC as a legal entity operates according to the law establishing it and
other relevant laws such as the Constitution of Nigeria, 1999 and any other
laws and regulations connected to its responsibilities. In order to ensure that
the Commission operates within the ambit of law, a Legal Unit was
established in 1995. Following the volumes of legal responsibilities carried
out by the Unit it was upgraded to a Department in 2003 and later changed
to Corps Legal Office in 2005.

LIST OF PRINCIPAL OFFICERS

The Corps Legal Office has the complement of the following Principal staff
at the Headquarters of the Commission:-




CORPS LEGAL OFFICERS
S/   NAME          RANK   PIN     DESIGNA     ADDRESS                   PHONE
N                                 TION                                  NUMBER
1    NWACHUKWU     ACM    C-      CLA         NO II Oba Akenzua Street, 08059597711,
     CHIDI D.             00644               Asokoro Abuja.            08035874974

2    A MARJAH      ACC    C-      DCLA        House-C Close Kado Estate 08035993843,
                          00557               Abuja.                    08055084512

3    JM MBATSE     ACC    C-      HOU(LDC)    FRSC      Officers   Quarters, 08023337221
                          00649               Mararaba.

4    G. AZUBUIKE   CRC    C-      HOU(LIT)    49 Gaborone Street, Zone 2, 08033118192
                          01401               Wuse, Abuja

5    KA            RC     C-      SO          Junior   Officers    Quarters, 08033951411
     EKPENYONG            01701   (ADMIN)     Mararaba

6    OR            RC     C-      SO(LDC)     FRSC      Officers   Quarters, 08076068089
     ASONIBARE            02172               Mararaba.

7    F. IGHILE     DRC    C-      SO(FDC)  Old Custom Quarters, Nyanya, 08072298849
                          03167            Abuja.
8    NB CHIKANI    DRC    C-      SOI(LIT) Criss Park Hostel, Rd. (Small 08037605514
                          04394            Market) Mararaba.
9    MO AMEH       DRC    C-      SO LEGAL New Extention, FHA Nyanya 08037862283
                          02719   (PRS)    Abuja.

10   SO AUDU       DRC    C-      SO LEGAL Plot 20, off Oduduwa Street,       08036836855
                          03794   (ETS)     Phase 2, suit 2, Kubwa, Abuja
11   CO OGUIKE     DRC    C-      SOII(LIT) Plot 16, Kahturn Street, Zone     08033818141,
                          02583             5, Wuse, Abuja.                   08059539662
12   CA ODO        DRC    C-      SOII       No 326B, Phase 3, Kubwa          08036023120,0
                          02774   (ADMIN)   Abuja.                            9-4838715
13   A ALI         DRC    C-      SO(SMP)   FRSC      Officers    Quarters,   08065458470
                          02978   LEGAL     Nyanya Abuja




                          ORGANIZATIONAL CHART
                      FOR CORPS LEGAL OFFICE

                                  CLA


                               DCLA


HOU Legal Drafting                                  HOU CIVIL &
conveyancing & Alternative                          Criminal Litigation
Dispute Resolution



                                                                  STOF
          STOF

     CLA         -      Corps Legal Adviser
     DCLA        -      Deputy Corps Legal Adviser
     HOU         -      Head of Unit
     STOF        -      Staff Officer


     The Organizational Chart as above is not comprehensive for the Legal
     Office considering the scope of legal matters that are handled by the Office.
     In addition to two major Sections Legal Drafting, Conveyancing and
     Alternative Dispute resolution (ADR) and Civil and Criminal Litigation six
     Units to cover Conveyancing and Legal Drafting Administration,
     Investigation and ADR, Law library, Research and Searches, Criminal
     Litigation, Civil Litigation and FRSC Disciplinary Court ought to be in the
     Organograion .


     4.          STRUCTURE OF THE CORPS LEGAL OFFICE
The Corps Legal Office is headed by the Corps Legal Adviser assisted by
the Deputy Corps Legal Adviser. There are also two heads of Units, Staff
Officers, Clerks and support Staff at the headquarters of the Commission.

Zonal Legal Officers exist at the twelve Zonal Commands of the
Commission. The Zonal Legal Officers handle some legal matters that arise
from the Zones. The States of the Federation also have Sector Legal
Officers.

5.          FUNCTIONS OF THE CORPS LEGAL OFFICE:

            a.     Legal Advice      - The Legal Office offers legal advice
                   to the Commission, the departments, the Corps offices,
                   the Zonal and Sector Commands.

            b.     Legal Drafting     -     The Legal office drafts all
                   contractual and tenancy agreements involving the
                   Commission and contractors including landlords.

            c.     Litigation -        The Legal Office defends the
                   Commission in the Courts and also prosecutes traffic
                   offenders in court.

            d.     The Legal Officers liaises with the external solicitors
                   retained by the Commission in defense of cases
                   against the Commission as and when necessary.

            e.     The Corps Legal Office reviews the laws and regulations
                   of the Commission from time to time and prepares
                   amendments to the law.

            f.     The Legal Officer in the Corps legal office serves as
                   Judge Advocate and sometimes prosecutors and Defense
                   Counsel in the Federal Road Safety Commission
                   Disciplinary Court (FDC).


            i.     Petitions   -     Appeals and other matters arising
                   from the Federal Road Safety Commission Disciplinary
            Court and the general Public are referred to the Corps
            Legal Office for review and advice.

     ii.    Development and updating of the law library.

     iii.   Alternative dispute resolutions (ADR). The Legal Office
            occasionally embarks on alternative dispute resolution to
            resolve matters that would have ended in protracted
            litigations at a great cost to the Commission.

     iv.    Committee -         Legal Officers in the Corps Legal
            Office serve in various ad-hoc committees set up by
            management and make contributions that help to
            promote the ideals of the Commission.

     v.     The Legal Office liaises with the National Assembly, the
            Ministry of Justice and the Office of the Head of Service
            of the Federation and other agencies of Government on
            Legal and establishment matters.

     vi.    Presentation of legal lectures in internal and externally
            organized seminars and workshops.

6.   ACHIVEMENTS:

     a.     Development of effective and well equipped Legal
            Office.

     b.     production of National Road Traffic Regulations 1997
            and the National Road Traffic Regulations 2004 which
            repealed the NRTR 1997 in collaboration with other
            stakeholders.

     c.     Amendment of regulations, Conditions of Service and
            Scheme of Service of the Commission.

     d.     Obtaining of fiat from the Attorney General of the
            Federation of legal officers of the Commission to qualify
            to represent the Commission in any Court in Nigeria up
            to the Supreme Court level.
     e.   Presentation of the proposed amendment Bill of FRSC
          Act to the National Assembly.

     f.   Gazetting of the National Road Traffic Regulations 2004,
          Ranks and badges of Ranks, Appointments and
          Dismissals and the Attorney General’s fiat for Federal
          Road Safety Commission Legal Officers to defend
          FRSC in all cases.

     g.   Successful Legal advice to COMACE, Management,
          staff and field commands.

     h.   Preparation of valid legal documents including
          agreements.

     i.   Building cordial relationship between the Commission
          and the Bar which made it possible for the NBA to pay a
          courtesy visit to the Commission.

7.   PROBLEMS

     a.   Inadequate law books/reports.

     b.   Inadequate office space.

     c.   Need for two Admin Cars for going to Courts and other
          administration matters.

     d.   Inappropriate status of the Corps Legal Office. There is
          need to upgrade the Corps Legal Office to a Department
          as obtained in other government agencies like the
          Office of the Secretary to the Government of the
          Federation and Federal Capital Territory where the legal
          offices were upgraded to Directorates.

     e.   Non exposition of the legal officers to International legal
          conferences that will expose them to current international
          best practices in law.
8.          PROSPECTS

            a.   Expansion to full legal department/directorate.

            b.   Expansion of the Law library of the commission

            c.   Participation in local and International Conferences.

            d.   Further amendment to the Laws and Regulations of the
                 Commission.

            e.   Improved quality of legal representation and advice.




Signature         ………………………

Name              CD NWACHUKWU

Rank/ Designation ACM/CLA

								
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