A Federal High court sitting at
Awka in Anambra state has declared that the Federal Road Safety Commission has
legal powers to make regulations regarding the design and production of the new
vehicle number plate and driver’s license in addition to the registration of
vehicles.
This judgement formed part
of verdict by Hon. Justice Peter Umeadi in a suit filed by
one Chief Ajefo Ekwo to challenge the constitutional powers of the Federal Road
Safety Commission to enforce compliance by all motorists of its directive for
the re-registration of motor vehicles previously registered, by obtaining and
replacing same with the new vehicle number plates.
According
to the Chief Judge , “ I see that the six issues for determination distilled by
the respondent (FRSC) flow from the eight reliefs of the applicant (Chief Ajefo
Ekwo). The relief no.1 tend to suggest that it was the respondent who came up
with the idea to register vehicles by obtaining ad replacing the old number
plates with new number plates”.
Reacting to this relief, Justice Umeadi
said “that could not be correct. The powers for such a directive emanated from
the National Road Traffic Regulation (NRTR) 2012. Section 36 of the regulations
of 2012 stipulate as follows “ All private and commercial vehicle shall
from the commencement of these Regulations have in them Vehicle Identification
Number Plates which shall (a) be carried by the motor vehicle on two plates
which shall conform to the requirements of these Regulations and (b) the number
plates shall be fixed (i) in such a manner that each is not easily detachable
and (ii) in an upright position or within 15 degrees of such position”.
Speaking further, the Chief Judge added
that “the Regulations of 2012 commenced on 13 August 2012 and was made by the Federal
Road Safety Commission pursuant to Section 5 of the FRSC Establishment Act of
2007. The second part of the Section 39(9) of the Regulations (NRTR) of 2012
made it an offence for any vehicle not to have the said identification number
plate”. He also affirmed the FRSC’s constitutional powers to arrest and
prosecute persons reasonably suspected to have committed any traffic
offence and also impound any vehicle by which an offence under the FRSC Act of
2007 is reasonably suspected to have been committed.
At this stage, the Chief Judge held
that it was clear that the FRSC’s directive flow from
Sections 36 and 39 (1)to (II) especially 39 (90)of the NRTR and therefore
affirmed that “I hold that the directive of the respondent (FRSC) to all
motorists previously registered to re-register their vehicles for the purpose
of changing their old vehicle number plates with new vehicle number plates is
legal, constitutional and stand firmly on both the Act of 2007 and the
National Road Traffic Regulations of 2012” he added.
On the
issue of the FRSC’s powers to make regulations on the design, production and
registration of vehicles with the new number plates, Justice Umeadi held
that “ it is instructive that the National Road Traffic Regulations
(NRTR) of 2012 empowers the respondent (FRSC) to prohibit the
registration or licensing of a class or type of a vehicle considered to be
unsuitable for any particular mode of usage and the authority shall
accordingly not issue a license, in respect of such class of vehicle”.
Justice Umeadi also questioned the
applicant’s suit on whether the FRSC has the authority to interfere with the
powers of the appropriate authority in controlling the registration of
vehicles. He stated that the FRSC is authorized to make regulations relating to
implementation of the highway regulations made by the States and the Federal
Capital Territory Abuja in respect of the proof of ownership of a vehicle, the
registration and such other matters pertaining to making the highway safe, in
line with Section 5(5) of the FRSC Establishment Act of 2007.
He therefore affirmed that “ the
respondent (FRSC) is empowered to interfere, intervene and give directives
regarding regulations made by the States and the Federal Capital Territory
Abuja.
While dismissing the suit for lack of
merit, the Chief Judge also held that the registration of the old vehicle
number plates was not discontinued by the FRSC but by the force of
the law as encapsulated in the National Road Traffic Regulations 2012 and directed
any person wishing to challenge this discontinuance to seek a repeal or
amendment of the NRTR and not to attack the Federal Road Safety Commission.
In the final analysis, the Chief Judge
dismissed the originating summons as lacking merit and affirmed that the FRSC
Establishment Act of 2007 was validly made by the National Assembly pursuant to
Section 11(1) of the 1999 constitution and item 63 of the executive
legislative list and that the directive issued by the FRSC to all
motorists to register their vehicles, obtaining and replacing the old number
plates with the new number plates and to change their driver’s license and
obtain the new driver’s license in its stead is legal, valid,
subsisting and in conformity with the FRSC Establishment Act of 2007, National
Road Traffic Regulations of 2012 and the 1999 constitution.
In a related development, a Benue High
Court sitting at the Okogba Division has dismissed a suit filed by one Godwin
Ndubisi alleging that the impoundment of his car by FRSC operatives for
violating traffic rules and regulations, was an infringement on his fundamental
human rights as guaranteed by Section 44(1) of the 1999 constitution.
Delivering judgment in favor of the
FRSC, the presiding Chief Judge, Justice David Igoh dismissed the case, stating
that among other things, Section 10(4) and (5) of the FRSC Act, 2007 empowers
the Corps to arrest persons reasonably suspected to have committed any traffic
offence, detain the vehicle, prosecute the offender and even apply to high
court for order of forfeiture of the vehicle within six months from the date of
detention.
Justice Igoh also stated that if the
Corps is vested with the powers of arrest, it necessarily follows that the
right to detain is implicit and therefore held that the applicant did not
establish that his fundamental human rights were breached or violated by the
Federal Road Safety Corps.