Imposition of new number plate illegal - Court declares

The plan by the Federal Road Safety Commission (FRSC) to impound vehicles without the new number plates from October 1 crashed yesterday at a Federal High Court in Lagos.

The court declared the commission’s move unconstitutional.

Delivering judgment in a suit filed by a lawyer, Emmanuel Ofoegbu, against the FRSC, Justice James Tsoho held that the commission had no right to impose new number plates on motorists without an existing law to that effect.

Justice Tsoho 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.”

Ofoegbu filed the suit on September 30, last year through an activist, Ogedi Ogu.

The plaintiff sought a declaration that the threat by the respondents to impound vehicles of motorists who fail to acquire the new number plates, was invalid and unconstitutional.

He claimed that the old number plates were issued under the provisions of the National Road Traffic Regulations (NRTR), 2004, which is a subsidiary legislation made under the FRSC Act, 2004.

Ofoegbu argued that 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. (0)

Imposition of new number plate illegal - Court declares