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. Click to signup for FREE news updates, latest information and hottest gists everyday
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This is what the rule of law is all about. FRSC should stop this trading mentality foisted on it by its helmsman. Once upon a time it was reflectors that they forced motorist to buy. Then they changed the drivers licence. Now it is plate numbers. Anything that will bring money to their pockets.
ReplyDeletePls tell them O. They can't force us to change our number plates, when CBN changed the Naira notes the citizen were not asked to pay for the new notes, we just went to the banks to change our old notes to new once. Same thing should apply to this new plate numbers. TY
ReplyDeleteI think court should also look into issue of drivers licence please.
ReplyDeleteEverybody wl just be bringing his or her own odea just to aquire money we wil struggle to make money and buy car and be using big money to buy nimber plates again nawa o.....for naia poor people wl still continue to be poor why the rich wl continue its only the grace pf God can change it
ReplyDelete