A Federal High Court sitting in Lagos, Nigeria’s commercial city, on Wednesday held that it is unconstitutional for the Federal Road Safety Commission (FRSC), to impose new number plates on motorists.
Justice James Tsoho gave the judgment in a suit filed by a lawyer, Emmanuel Ofoegbu, against the FRSC.
The plaintiff in the suit is challenging the powers of the FRSC, to impound vehicles of motorists who failed to acquire the new numbers.
In the judgment, Justice Tsoho held that it was unlawful for the FRSC to impose the new number plates on motorists, without any legislation backing it.
He also held that by impounding vehicles of motorists, the FRSC’s act amounts to an arbitrary use of power, and is therefore illegal and unconstitutional.
In his statement of facts, the plaintiff claimed that the old plate numbers were issued under the provisions of the National Road Traffic Regulations (NRTR) 2004.
He further submitted 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”
Mr Ofoegbu also claimed that there was no law made in accordance with the Constitution of the Federal Republic of Nigeria, which prohibits the use of the old plate numbers, or declares its use as an offence.
He also claimed 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 plate numbers, because there was 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 plate number.
