The threat by the respondent to impound vehicles and arrest motorists
who failed to comply with the October 1 deadline, is illegal, the court
ruled.
The new number plates introduced by the Federal Road Safety
Commission, FRSC, is unconstitutional, a Federal High Court in Lagos
said on Wednesday.
Delivering judgment in a suit filed by Emmanuel Ofoegbu, a lawyer,
against the FRSC, the judge said that it was unlawful for the commission
to impose the new number plates on Nigerians, where no existing law
permitted it.
“The issue of redesigning new number plates by the respondent, is not
covered under the provisions of any law in Nigeria,” said James Tsoho,
the judge.
“The respondent (FRSC) 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,” the judge added.
Mr. Ofoegbu filed the suit on September 30, 2013, through a Human
Rights Activists, Ogedi Ogu, challenging the power of the FRSC to
impound vehicles of motorists who failed to acquire the new numbers.
Mr. Ofoegbu had sought a declaration that the threat by the FRSC 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 plate
numbers were issued under the provisions of the National Road Traffic
Regulations (NRTR) 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”
Mr. Ofoegbu stated 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 said 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, therefore, urged the court to declare as unlawful, the threat by
the respondent, to arrest motorists using the old plate numbers, 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 plate number.
