Justice Aluko of the Federal High Court, in Lagos on Friday, restrained the Federal Road Safety Commission from arresting vehicles with faded number plates. The trial Judge also restricted the FRSC from imposing any fine or punishment on any driver, for driving with a faded vehicle number plate.
Justice Aluko made the orders while delivering judgement in a suit marked FHC/L/CS/253/2024, filed by Chinwike Chamberlain Ezebube against FRSC. The Applicant, Ezebube, in an Originating Summons dated January 12, 2024 and filed on February 13, 2024, by his Lawyer, U.G.Nwokedi, had asked the court to determine the following: “Whether the Defendant, pursuant to Section 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.
“Whether the Defendant, pursuant to Section 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, and responsible for the quality and durability of the vehicle plate numbers as are produced by it not liable for any defect or poor quality and durability.”
“Whether the Defendant can, pursuant to Section 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, and absolutely responsible for the quality and durability of the vehicle plate numbers as are produced by it, penalise or threaten to penalise the Plaintiff and/or other Nigerians for the depreciating quality, durability, fading or peeling off of the colours and characters of the Vehicle Number Plates designed and produced by the Defendant”, amongst others prayers.
However, FRSC, through its Lawyer, B. O. Nnamani, filed a counter-affidavit, urged the court to dismiss the Plaintiff’s suit with punitive costs.
In his judgement, Justice Aluko held, “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.
“By way of conclusion, I hold the view that the Defendant cannot criminalise the use of a faded vehicle number plate, and has no power to impose a fine on the Plaintiff for using a faded vehicle number plate, or impound the Plaintiff’s 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, judgement is entered as follows: “An order of the Honourable Court restricting the Federal Road Safety Commission, 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, from imposing any fine or punishment on the Plaintiff for driving with a faded vehicle number plate is granted. An order directing the Plaintiff to approach the Defendant for the replacement of his faded vehicle number plate LSD905EQ, and that the Defendant shall replace the same upon payment of the reasonable and requisite fee is granted.”
