The Federal High Court in Lagos, South-west Nigeria, has prohibited the Federal Road Safety Corps (FRSC) from seizing vehicles with faded number plates or penalising their owners.
According to TheCable newspaper, Justice Akintayo Aluko delivered the ruling in a suit filed by lawyer Chinwike Ezebube.
The lawyer, in the suit filed on 13 February 2024, argued that the FRSC, as the sole designer and producer of number plates in Nigeria, is entirely responsible for their quality and durability. As such, the agency has no justification to impose penalties on vehicle owners for issues stemming from substandard plates.
In the judgement delivered on Friday (17 January), the judge agreed with the plaintiff. He ruled that “while the defendant cannot criminalise the use of faded vehicle number plates, the plaintiff has a duty to approach the defendant for a replacement of his faded vehicle number plate upon payment of the requisite fees for that purpose.”
The judge further stated: “By way of conclusion, I hold the view that the defendant cannot criminalise the use of faded vehicle number plate and has no power to impose a fine on the plaintiff for using faded vehicle number plate or impound the plaintiff’s vehicle on such grounds without the order of a court of competent jurisdiction.”
Justice Aluko also issued a restraining order, prohibiting the FRSC from treating the use of faded number plates as an offence.
“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,” the judge declared.
Plaintiff’s Case
In his submission, Mr. Ezebube asked the court to clarify whether, under Section 5 (g) and Section 10 (3)(f) of the Federal Road Safety Commission Act 2007, the FRSC, being the sole designer and producer of vehicle number plates in Nigeria, is fully accountable for their quality and durability.
He further sought clarification on whether the FRSC can make it an offence and impose penalties on Nigerians for driving vehicles with faded number plates caused by the agency’s poor-quality production.
Additionally, the plaintiff requested the court to direct the FRSC to replace faded number plates free of charge due to their substandard manufacturing.
The FRSC’s counsel, B.O. Nnamani, opposed the suit through a counter-affidavit and urged the court to dismiss it.
However, the court upheld the plaintiff’s case in its judgement, effectively restraining the FRSC from penalising vehicle owners over faded number plates.
