A Federal High Court sitting in Lagos has prohibited the Federal Road Safety Corps (FRSC) from arresting or penalizing motorists for driving vehicles with faded number plates.
Justice Akintayo Aluko issued the ruling on Friday while also restraining the FRSC from imposing fines or any form of punishment on drivers with faded vehicle plates.
The judgment was delivered in a case marked FHC/L/CS/253/2024, filed by Chinwike Chamberlain Ezebube against the FRSC. The plaintiff, represented by his lawyer, U.G. Nwokedi, had sought the court’s interpretation of several legal questions concerning the FRSC’s responsibilities.
In an Originating Summons dated January 12, 2024, and filed on February 13, 2024, Ezebube asked the court to determine whether the FRSC, as the sole producer of vehicle number plates in Nigeria under the Federal Road Safety Commission Act of 2007, is responsible for the quality and durability of the plates it issues.
The plaintiff further questioned whether the FRSC could penalize or threaten to penalize motorists for defects, fading, or poor durability of number plates it manufactured. Additionally, Ezebube argued that the FRSC is obligated to replace faded number plates at no cost to vehicle owners since the defects result from poor manufacturing.
The plaintiff requested the court to:
- Restrain the FRSC from declaring it an offense to drive with a faded number plate.
- Prevent the FRSC from imposing fines or penalties for faded number plates.
- Mandate the FRSC to replace faded number plates, including his vehicle’s plate (LSD905EQ), at no extra cost after payment of the initial issuance fee.
In response, the FRSC, represented by its counsel B.O. Nnamani, filed a counter-affidavit urging the court to dismiss the case and impose punitive costs on the plaintiff.
Delivering judgment, Justice Aluko ruled in favor of the plaintiff, stating that the FRSC cannot criminalize the use of faded number plates. The court emphasized that the plaintiff, however, has a duty to request a replacement from the FRSC and pay the required fees for such replacements.
The judge concluded:
“The Defendant cannot criminalize the use of faded vehicle number plates and lacks the authority to impose fines or impound vehicles on this basis without a court order.”
The court granted the following orders:
- Restricting the FRSC from declaring it an offense to drive with a faded number plate.
- Preventing the FRSC from imposing fines or punishment for faded number plates.
- Directing the plaintiff to approach the FRSC for the replacement of his faded number plate, which the FRSC must replace upon payment of reasonable fees.
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