A
Federal High Court in Lagos has declared that the new number plates introduced
by the Federal Road Safety Commission are unconstitutional and as such cannot
be imposed on vehicle owners.
In
a judgment delivered by Justice James Tsoho on Wednesday, the court held that
the redesigning of the old number plates was not backed by any law.
Tsoho,
who was delivering the judgment in a suit by a lawyer, Emmanuel Ofoegbu,
against the FRSC, therefore, held that the FRSC had no power to impose the
redesigned number plates on vehicle owners, who had not acquired them.
The
judge said, “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.”
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.
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