Court Did Not Declare New Plate Numbers Illegal..FRSC

The FRSC said Contrary to media reports emanating from an earlier Federal High Court verdict sitting in Lagos, the Federal Road Safety Corps wishes to affirm that the court judgement did not vacate its statutory  powers to design and produce  the new number plate but stated that the Corps lacks statutory authority to fix deadline for the enforcement of the number plate.

Ruling on a suit instituted by one Emmanuel Ofoegbu that the FRSC has been threatening in the media to arrest  the plaintiff or impound his vehicle from 1^st October,2013 or any other date for using vehicle number plates that are in accordance with the National Road Traffic Regulations 2004, the presiding Judge, Justice Tsoho  ruled that the FRSC has powers to design and produce the number plate as a national policy but cautioned that the statutory powers of the FRSC does not cover setting deadlines for conversion to the newly designed plates.

 

However, in another verdict, Hon. Justice Tsoho had in case instituted by Brent Williams Limited against the FRSC, ruled that the Corps has statutory powers to determine the categories of number plates to be used by vehicles and enforce same. The court also ruled that by discharging their duties, members of the FRSC were not performing the duties of the Police but acting in line with the provisions of the FRSC Act 2007. The case was therefore dismissed in favor of the FRSC with a cost of N150,000.00 against the plaintiff.

 

However, when contacted, the Corps Legal Adviser, Assistant Corps Marshal George Olaniran commended the Federal High Court Lagos for conceding that the FRSC has statutory powers to design and produce the number plate but that the Corps will appeal the court’s verdict on the FRSC powers to set deadline for a change over to the new number plate.

 

According to Olaniran, the FRSC does not set deadline for new number plate rather it is under the purview of the States through the Joint Tax Board to fix deadline for enforcement of the vehicle number plates.

But In a judgment delivered by Justice James Tsoho on Wednesday, the court held that the redesigning of the old number plates was not backed by any law.

Tsoho, who was delivering the judgment in a suit by a lawyer, Emmanuel Ofoegbu, against the FRSC, therefore, held that the FRSC had no power to impose the redesigned number plates on vehicle owners, who had not acquired them.

The judge 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 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.”