A Federal High Court sitting in Lagos has ruled that the decision of the Federal Road Safety Commission (FRSC) to forcefully introduce new number plates to car owners is unconstitutional.
A lawyer, Emmanuel Ofoegbu, filed the suit to challenge the powers of FRSC to issue the new number plates and impound the vehicles of motorists who refused to acquire the new numbers.
In his judgement, Justice James Tsoho held that it is unlawful for the respondent to impose the new number plates on motorists since there is no existing law permitting the action.
“The issue of redesigning new number plates by the respondent is not covered under the provisions of any law in Nigeria”, he said.
“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”.
Filing the suit on 30th September 2013 through human rights activist, Mr. Ogedi Ogu, Ofoegbu had pleaded with the court to declare as invalid and unconstitutional, the threat by FRSC to impound vehicles of motorists who did not acquire the new number plates.
He maintained that the old plate numbers were issued under the provisions of the National Road Traffic Regulations (NRTR) 2004, which is itself a subsidiary legislation made under the FRSC Act, Laws of the Federation as revised in 2004.
Ofoegbu argued that no law was made in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended) prohibiting the use of the old plate numbers or declaring its use as an offence.
He added, too, FRSC’s threat to impound vehicles and arrest motorists who did not comply with the 1st October deadline amounts to gross violation of the provisions of 36 (12) of the Constitution, which guarantees the rights of individuals.
