Daily Law Tips (Tip 483) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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PUNISHMENT FOR DRIVING UNDER DRUGS OR ALCOHOL IN NIGERIA.
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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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