By Adeyemi Adekunle
The Federal High Court in Lagos has restrained the Federal Road Safety Corps (FRSC) from arresting or penalizing drivers for driving vehicles with faded number plates. Justice Akintayo Aluko issued the judgment on Friday, marking a significant victory for Nigerian motorists.
The case was initiated by legal practitioner Chinwike Chamberlain Ezebube, who filed a suit against the FRSC on February 13, 2024. In his argument, Ezebube questioned the legality of penalizing citizens for faded number plates when the FRSC, as the sole designer and producer of number plates in Nigeria, should be responsible for their quality and durability.
Ezebube sought clarity from the court on whether the FRSC could make faded number plates an offence and impose penalties on drivers due to their poor production quality. He also asked the court to mandate the FRSC to replace faded number plates at no extra cost to vehicle owners, given that the initial fees cover the issuance of durable plates.
The FRSC, represented by its counsel B.O. Nnamani, filed a counter-affidavit, urging the court to dismiss the suit and impose punitive costs.
In his ruling, Justice Aluko declared that while motorists must approach the FRSC for the replacement of faded plates, the FRSC could not criminalize the use of faded plates or impose fines or punishments on drivers for this reason.
The judgment clarified that the FRSC lacks the authority to declare faded number plates an offence or impound vehicles on such grounds without obtaining a court order.
Justice Aluko issued the following orders:
– The FRSC cannot declare driving with a faded number plate an offence.
– The FRSC cannot impose fines or other penalties on motorists with faded number plates.
– Vehicle owners must approach the FRSC to replace faded number plates upon payment of reasonable fees.
The ruling underscores the need for accountability in the production and durability of number plates. It also ensures that motorists are not unfairly penalized for issues stemming from the production process.
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