Court bars FRSC from impounding vehicles, penalising drivers over faded number plates

A federal high court in Lagos has restrained the Federal Road Safety Corps (FRSC) from impounding vehicles with faded number plates.

In a judgment delivered on Friday, Akintayo Aluko, the presiding judge, also restricted the FRSC from imposing fines or punishing drivers for driving with a faded number plate.

Chinwike Ezebube, a legal practitioner, filed the suit against the FRSC on February 13, 2024.

Amongst the issues raised, Ezebube asked 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 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?”

The lawyer also prayed the court to order the FRSC to replace faded number plates at no cost due to their poor quality manufacturing.

However, B.O Nnamani, counsel to the FRSC, filed a counter affidavit asking the court to dismiss the plaintiff’s suit with punitive cost.

Aluko, in his judgment, held that “while the defendant cannot criminalize 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 criminalize 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.

“An order of the honourable court restricting the Federal Road Safety Commission (FRSC), 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 (FRSC), from imposing any fine or punishment on the plaintiff for driving with a faded vehicle number plate is granted.

“An order directing plaintiff to approach defendant for the replacement of his faded vehicle number plate LSD905EQ and that defendant shall replace same upon payment of the reasonable and requisite fee is granted.”