A Federal High Court in Lagos has declared that the Federal
Road Safety Corps has no legal authority to impose its redesigned number plates
on Nigerian vehicle owners.
Justice James Tsoho, who gave the verdict on Wednesday, said
the redesigning of the old plate numbers was not backed by any law in the country.
According to him, it is illegal for the FRSC to impound vehicles for not have the new number plates.
A Lagos-based lawyer, Emmanuel Ofoegbu, had dragged the FRSC
before the court to determine whether it is legal for the agency to force
vehicle owners in the country to change to the new plate number without being
backed by necessary legal instruments to do so.
“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,” the judge held, declaring impounding of vehicles by the FRSC on the
ground of not having the new number plates as arbitrary use of power, ‘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.
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