Daily Law Tips (Tip 483) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
PUNISHMENT FOR DRIVING UNDER DRUGS OR ALCOHOL IN NIGERIA.
+234 803 766 5878, [email protected][1]
Offence is what the law says is an office, it must be known and
specific. Nothing is an offence until law says it is an offence.
Offences are their punishment must be certain, specific and
predictable at all times. Punishments for offences are always fixed
by law, so that even before offences are committed their
punishments are known and awaited. Driving on a highway under the
influence of intoxicating drug or alcohol is an offence in Nigeria.
The alcohol must be above 0.5 grammes per litre of alcohol or have
commsumed to such an extent have made the driver to be incapable of
having proper control of his vehicle. Upon conviction by a court
(conviction cannot be by Federal Road Safety Commission or its
officers, rather by a court of law), it is punishable with a fine
of five thousand Naira (N5, 000.00) or to imprisonment for not more
than two (2) years, or to both.
My authorities are sections 22, 29 and 31 of the Road Safety
Commission Act, 2007.
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