A Federal High Court in Lagos has ordered the Federal Road Safety Corps (FRSC) to stop confiscating vehicles with faded number plates as well as punishing or fining drivers of such vehicles.
This ruling followed a judgement delivered by Justice Akintayo Aluko on Friday, based on an Originating Summons dated 12 January 2024, in a suit marked FHC/L/CS/253/2024, filed by Chinwike Chamberlain Ezebube on 13 February 2024, through his lawyer, U.G. Nwokedi.
Mr Ezebube, in the suit, prayed the court to determine:
“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, is 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, 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.
“Whether the defendant can make it an offence and impose a penalty against the plaintiff and/or other Nigerians for driving a vehicle with faded vehicle number plates due to poor quality production as designed and produced by the defendant.
“Whether the defendant is not obligated to replace, at no cost to the plaintiff and/or other Nigerians, the vehicle number plates when the same is faded due to poor quality manufacturing by the defendant”.
Ezebube further stated that if the answers to these questions were in his favour, the court should restrict the FRSC from making it an offence for the plaintiff to drive with a faded vehicle number plate and from imposing any fine or punishment on him.
“An order of the honourable court mandating the Federal Road Safety Commission to replace, at no extra cost, Vehicle Licence Number Plate LSD905EQ or any faded vehicle plate numbers of the plaintiff’s vehicle or vehicles upon the payment of the initial vehicle plate number issuance cost.
“And for such other declaration(s), and/or order(s) or modifications of any or all of the foregoing reliefs already claimed hereof as the court may deem fit to exercise its inherent jurisdiction to grant and/or make in the circumstances of this case”.
Counsel for the FRSC, B.O. Nnamani, however, filed a counter-affidavit, praying for the dismissal of the plaintiff’s suit with punitive costs.
Aluko held that although the FRSC cannot criminalise the use of faded vehicle number plates, the plaintiff has a duty to approach the FRSC for a replacement of his faded number plate upon payment of the requisite fees.
“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, judgment 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”.
