Court Declares FRSC New Number Plate Illegal

A Federal High Court in Lagos Wednesday held that it was unconstitutional for the Federal Road Safety Commission (FRSC), to impose new number plates on motorists in the country.
Justice James Tsoho, judge, delivered the judgment following a suit by a lawyer, Emmanuel Ofoegbu, challenging the powers of FRSC to issue the new number plates.

Ofoegbu had challenged the power of the commission to impound vehicles of motorists who failed to acquire the new numbers.

The judge said that “The issue of redesigning new number plates by the respondent, is not covered under the provisions of any law in Nigeria. The respondent cannot force Nigerians to acquire new plate numbers by impounding cars without the backing of any legislation to that effect. I hold that the act of the respondent amounts to an arbitrary use of power, and is therefore illegal and unconstitutional.

“Judgment is therefore entered in favour of the plaintiff, and all the reliefs sought is hereby granted, I so hold.” Tsoho added.

Ofoegbu had instituted the suit on September 30, 2013, to challenge the power of the FRSC to impound vehicles of motorists who failed to acquire the new number plates.

The plaintiff contended that the threat by the FRSC, which gave  October 1 deadline for all vehicle owners to acquire the new number plate, was a gross violation of the provisions of Section 36 (12) of the 1999 Constitution, which guaranteed the rights of individuals.

He maintained that the threat by FRSC was illegal, since the amended National Road Traffic Regulations (2012) should not affect everything that was done, based on the revoked  NRTR (2004), under which the old number plates were issued.

According to the plaintiff, Regulation 230(2) of the National Road Traffic Regulations (2012) states that the revocation of NRTR (2004) “shall” not affect anything done, or purported to be done pursuant to that regulation.

He submitted that  the NRTR 2004 was a subsidiary legislation, made under the Federal Road Safety Commission  Act, Laws of the Federation, as revised in 2004.

He, therefore, asked the court to declare  as unlawful, the threat by the respondent to arrest motorists, using the old number plates, as according to him, “there is no law validly made in accordance with the constitution, prohibiting its use.”

The applicant also sought a  court injunction restraining the FRSC from impounding vehicles, arresting or harassing vehicles owners, who refused to comply with the directive.