Admin I Wednesday, January 22, 2024
IKOYI, Lagos, Nigeria – A Federal High Court sitting at Ikoyi, Lagos has barred the Federal Road Safety Commission, FRSC from arresting any vehicle with faded number plate.
Justice Akintayo Aluko, who made the order also restricted the FRSC from imposing any fine or punishment on anybody for driving with a faded number plate.
Justice Aluko made the order in suit filed by a legal practitioner, Chinwike Chamberlain Ezebube against the FRSC.
In his originating summons, filed on February 13, 2024, Ezebube had asked the court to determine among other things, whether the Defendant pursuant to sections 5(g) and Section 10(3)(f) of the Federal Road Safety Commission Act 2007 being the sole designer and producer of Vehicle number plates in Nigeria is not absolutely responsible for the quality and durability of the vehicle number plates as are produced by it.
He also urged the court to make the following orders: “an order restricting the Federal Road Safety Commission (FRSC), from declaring it an offence for the Plaintiff to drive with a faded vehicle number plate.
“An order restricting the Federal Road Safety Commission (FRSC), from imposing any fine or punishment on the Plaintiff for driving with a faded vehicle number plate.
“An order mandating the Federal Road Safety Commission (FRSC), to replace at no extra cost, Vehicle Licence Number Plate LSD905EQ or any faded vehicle plate numbers of the Plaintiff’s vehicle or vehicles upon the payment of the initial vehicle Plate Number issuance cost.
However, the FRSC through its lawyer, B.O Nnamani, filed a counter affidavit asking the court to dismiss the plaintiff’s suit with punitive cost.
Delivering judgment on the suit, Justice Aluko held that: “While Defendant cannot criminalize the use of faded vehicle number plates, Plaintiff has a duty to approach Defendant for a replacement of his faded vehicle number plate upon payment of the requisite fees for that purpose.
“By way of conclusion, I hold the view that Defendant cannot criminalize the use of faded vehicle Number Plate and has no power to impose a fine on Plaintiff for using faded vehicle Number plate or impound the Plaintiff vehicle on such grounds without the order of a court of competent jurisdiction.
“Having examined the affidavit evidence before the court and determined the above questions, judgment is entered as follows: “An order of the Honourable Court restricting the Federal Road Safety Commission (FRSC), from declaring it an offence to drive with a faded vehicle number plate is granted.
“An order of the honourable court restricting the Federal Road Safety Commission (FRSC), from imposing any fine or punishment on the Plaintiff for driving with a faded vehicle number plate is granted.
“An order directing Plaintiff to approach Defendant for the replacement of his faded vehicle number plate LSD905EQ and that Defendant shall replace same upon payment of the reasonable and requisite fee is granted.”
