FRSC’s new number plate unconstitutional - Court

A Federal High Court Lagos, on Wednesday, has ruled that it is unconstitutional for the Federal Road Safety Commission (FRSC), to impose new number plates on motorists in the country.
Justice James Tsoho gave the ruling while delivering judgment in a suit filed by a lawyer, Emmanuel Ofoegbu, against the FRSC.
Delivering the judgment, Tsoho held that it was unlawful for FRSC to impose the new number plates on motorists, where there was no existing law permitting same.

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“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 numbers plates 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” he said
The plaintiff had filed the suit on Sept. 30, 2013 through a Human Rights Activists, Mr Ogedi Ogu seeking a declaration that the threat by the respondents to impound vehicles of motorists, who failed to acquire the new number plates, was invalid and unconstitutional.
In his statement of facts, the plaintiff averred that the old plate numbers were issued under the provisions of the National Road Traffic Regulations (NRTR) 2004.
He averred that the NRTR 2004, is a subsidiary legislation made under the FRSC Act, Laws of the Federation as revised in 2004.
Meanwhile, some motorists in Lagos State on Wednesday expressed mixed reactions over the court judgment against the Federal Road Safety Commission’s (FRSC) on the issuance of new number plates.
Some of the motorists, in separate interviews with the News Agency of Nigeria (NAN) in Lagos, expressed happiness with the judgment, while others frowned at the stress they went through in acquiring the new number plate.
A commercial bus operator, Mr Sunday Ajao, said the judgment was a relief to him as the process of acquiring the number plate had been strenuous.
“I am in support of the judgment, we are saved from their harassment; it is too much for the road safety officers.’’
Ajao urged the court to be on the watch for some FRSC officers who might want to unleash anger on motorists because of the judgment.
He commended Mr Ofoegbu ``for challenging the FRSC on behalf of innocent Nigerian motorists.’’
A car owner, Mr Adebayo Aina, said that the mandate of the FRSC as the name suggested was to maintain safety on the roads and wondered how number plates would enhance that.




According to the plaintiff, the NRTR 2012, in Regulations 230 (2), provides that “the revocation of the 2004 Regulations, shall not affect anything done, or purported to be done pursuant to that Regulation”
Ofoegbu argued that there is no law made in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended), which prohibits the use of the old plate numbers, or declares its use as an offence.
He also averred that the threat by the FRSC to impound vehicles and arrest motorists who failed to comply with the Oct. 1 deadline, was a gross violation of the provisions of 36 (12) of the constitution which guarantees the rights of individuals.
He had therefore urged the court to declare  as unlawful, the threat by the respondent, to arrest motorists using the old plate numbers, because there is no law validly made in accordance with the constitution, prohibiting its user
He had also sought an order of injunction restraining the defendants from impounding vehicles or otherwise arresting or harassing motorists who failed to acquire the new plate number.
Motorists react to judgment against FRSC
FRSC’s new number plate unconstitutional —Court
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