Justice James Tsoho, of a Federal High Court sitting in Lagos on Wednesday ruled that the Federal Road Safety Commission (FRSC) cannot impose new number plates on motorists.
The ruling was sequel to a suit filed by Emmanuel Ofoegbu, in September, 2013, challenging the FRSC powers to issue new number plates.
Ofoegbu through his lawyer, Ogedi Ogu, had sought a declaration that the threat by the respondents to impound vehicles of motorists, who failed to acquire the new number plates, was unconstitutional.
The plaintiff among others, averred that there was no law made in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended), which prohibits the use of the old plate numbers, or declares its use as an offence.
Therefore, he prayed the court to declare the threat by the respondent, to arrest motorists using the old number plates unlawful.
According to the Judge, it was unconstitutional for the respondent (FRSC) to impose the new number plates, ruling that “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, I so hold”
