FRSC cannot impose new number plates on motorists -Court

A Federal High Court in Lagos on
Wednesday held that it was
unconstitutional for the Federal Road
Safety Commission to impose new
number plates on motorists in the
country.
The judge, Justice James Tsoho,
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
number plates.
Tsho held that it was unlawful for the
respondent to impose the new number
plates on motorists, where there was no
existing law permitting same.
"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 number 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 are hereby granted, I so hold,''
he said.
The News Agency of Nigeria recalls that
the plaintiff had filed the suit on Sept.
30, 2013 through a Human Rights
Activists, Mr Ogedi Ogu.
The plaintiff had sought 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 numbers plates
were issued under the provisions of the
National Road Traffic Regulations 2004.
He averred that the NRTR 2004, is a
subsidiary legislation made under the
FRSC Act, Laws of the Federation as
revised in 2004.
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 averred 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
respondent to impound vehicles and
arrest motorists who failed to comply
with the October 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 number plates because there is
no law validly made in accordance with
the constitution prohibiting its user.
The applicant 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 number plate.