THE LAGOS Division of the Federal High Court has restrained personnel of the Federal Road Safety Commission (FRSC) from arresting any vehicle with a faded number plate.
Justice Akintayo Aluko made the order on Friday while also restricting the FRSC from imposing any fine or punishment on any driver for driving with a faded vehicle number plate.
Justice Aluko made the above orders while delivering judgment in a suit marked FHC/L/CS/253/2024, filed by Chinwike Chamberlain Ezebube against FRSC.
The applicant, Chinwike Chamberlain Ezebube, in an Originating Summons dated January 12, 2024 and filed on February 13, 2024, by his lawyer, U. G. Nwokedi, had asked the court for to determine the followings: “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 produced by it are not liable for any defect or poor quality and durability of it.
“Whether the defendant can, 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 absolutely responsible for the quality and durability of the vehicle plate numbers as are produced by it, 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 penalty against the plaintiff and or other Nigerians for driving vehicle with faded vehicle number plates due to poor quality production as were 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 same is faded due to poor quality manufacturing by the Defendant?”
The plaintiff asked the court to resolve the above questions in his favour, urging the court to make the following orders: “An order of the Honourable Court restricting the Federal Road Safety Commission (FRSC), from declaring it an offence for the Plaintiff to drive with a faded vehicle number plate.
“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.”
“An order of the honourable court mandating the Federal Road Safety Commission (FRSC), 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 Honourable Court may deem fit to exercise its Inherent Jurisdiction to grant and/or make in the circumstances of this case.”
However, the FRSC through its lawyer, B. O. Nnamani, filed a counter-affidavit and urged the court to dismiss the plaintiff’s suit with punitive cost.
Delivering judgment on the suit, Justice Aluko after perusing all the processes filed by the parties and the authority cited, and after citing plethora of authorities, determined all the questions in favour of the plaintiff.
After determining the questions in favour of the judgment, Justice Aluko held that: “While the Defendant cannot criminalise 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.”
The judge ruled thus: “By way of conclusion, I hold the view that the Defendant cannot criminalise the use of faded vehicle Number Plate and has no power to impose fine on the Plaintiff for using faded vehicle Number plate or impound the Plaintiffs Vehicle on such grounds without the Order of court of competent jurisdiction.”
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“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 (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 the Plaintiff to approach the Defendant for the replacement of his faded vehicle number plate LSD905EQ and that the Defendant shall replace same upon payment of the reasonable and requisite fee is granted.”
