A Federal High Court in Lagos yesterday ruled that the Federal Road Safety Corps (FRSC) has no powers to impose new number plates on motorists in the country. Justice James Tsoho gave the ruling while delivering judgement in a suit filed by a lawyer, Mr. Emmanuel Ofoegbu.
The plaintiff was challenging the power of the Corps to impound vehicles of motorists who failed to get the new number plates.
In his judgment, Justice Tsoho held that it was unlawful for the FRSC to impose the new number plates on motorist when there was no act of parliament backing it.
He 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 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.”
The plaintiff, Mr. Ofoegbu had filed the suit on September 30, 2013, through a human rights activist, Mr. Ogedi Ogu of the Source. He 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, he averred that the old number plates were issued under the provision of the National Road Traffic Regulations NRTR of 2004. He averred that the NRTR 2004 is a subsidiary legislation made under the FRSC Act, Laws of the Federation as revised in 2004.
