A Federal High Court in Lagos has ruled that the Federal Road Safety Corps (FRSC) lacks the legal authority to impound vehicles or penalize drivers for using faded number plates.
The judgment, delivered by Justice Akintayo Aluko on Friday, stems from a lawsuit filed by legal practitioner Chinwike Ezebube on February 13, 2024.
Court’s Ruling
Justice Aluko clarified that the responsibility for maintaining the clarity and durability of vehicle number plates lies with the relevant issuing authorities, not with drivers or vehicle owners. As a result, the court held that drivers should not be penalized for faded number plates caused by poor manufacturing quality.
The court stated:
- The FRSC cannot declare it an offense to use a faded vehicle number plate.
- The FRSC lacks the power to impose fines or impound vehicles for faded plates without a court order.
- Drivers must approach the FRSC for replacement plates and pay the requisite fees for such services.
Issues Raised by the Plaintiff
In his lawsuit, Ezebube posed several key questions, including:
- Whether the FRSC, as the sole designer and producer of vehicle number plates in Nigeria under Sections 5(g) and 10(3)(f) of the Federal Road Safety Commission Act 2007, is solely responsible for the quality and durability of the plates.
- Whether the FRSC can impose penalties or declare it an offense for drivers to use faded number plates resulting from poor manufacturing.
Ezebube also sought an order compelling the FRSC to replace faded number plates at no cost to vehicle owners, citing poor production quality as the cause.
Defense by the FRSC
The FRSC, through its counsel B.O. Nnamani, filed a counter affidavit, requesting the court to dismiss Ezebube’s suit with punitive costs.
Court’s Conclusions
Justice Aluko concluded:
- The FRSC cannot criminalize the use of faded number plates.
- Vehicle owners must approach the FRSC for replacements, but the FRSC is permitted to charge reasonable fees for this service.
- Orders were granted prohibiting the FRSC from penalizing drivers for faded number plates or impounding vehicles on such grounds without a court order.
Implications of the Judgment
This landmark ruling redefines the scope of the FRSC’s authority and emphasizes the responsibility of issuing authorities for the quality of vehicle number plates. While drivers are required to replace faded plates, the judgment safeguards them from arbitrary penalties and impoundment. The FRSC is now expected to ensure better quality control in its production processes to prevent future occurrences of faded plates.
