FRSC cannot Criminalise the use of Faded Numbers Plates, Federal High Court Rules

The Federal High Court in Lagos has ruled that the Federal Road Safety Corps (FRSC) does not have the constitutional authority to arrest or penalize drivers for using vehicles with faded number plates. The judgment was delivered by Justice Akintayo Aluko in a case marked FHC/L/CS/253/2024.

The suit was filed by Chinwike Chamberlain Ezebube, who challenged the FRSC’s actions regarding faded number plates. Justice Aluko stated that there is no legal provision empowering the FRSC to enforce penalties for faded number plates, emphasizing that the agency’s mandate is limited to ensuring road safety and regulating vehicular use on highways.

The court ruled that such enforcement powers fall outside the constitutional jurisdiction of the FRSC. In his suit, the plaintiff asked the court to determine the following questions: “Whether, pursuant to Sections 5(g) and 10(3)(f) of the Federal Road Safety Commission Act of 2007, the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, is not entirely responsible for the quality and durability of the vehicle number plates it produces.

“Whether the FRSC, being the sole designer and producer of vehicle number plates, is liable for any defects or poor quality resulting in the fading or peeling of the vehicle number plates.

“Whether the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, has the right to penalize or threaten to penalize the plaintiff or other Nigerians for the fading or poor condition of the vehicle number plates it produces. “Whether the FRSC can make it an offense and impose penalties on the plaintiff or others for driving vehicles with faded number plates due to the poor quality of production by the FRSC. 

“Whether the FRSC is obligated to replace faded number plates at no cost to the plaintiff or other Nigerians, particularly when the fading is due to poor manufacturing by the FRSC. Besides, the plaintiff sought an order restraining the FRSC from declaring it an offense for the plaintiff to drive with a faded number plate. 

“An order prohibiting the FRSC from imposing any fine or penalty on the plaintiff for driving with a faded vehicle number plate. “An order mandating the FRSC to replace the plaintiff’s faded vehicle number plate, LSD905EQ, or any other faded plates on his vehicle(s) at no extra cost, upon payment of the initial plate issuance fee and any other relief the court deems appropriate. In response, the FRSC, through its lawyer, B.O. Nnamani, filed a counter-affidavit and requested the court to dismiss the plaintiff’s suit with punitive costs.

After reviewing the case, including all filed documents and cited authorities, Justice Aluko ruled in favour of the plaintiff, addressing each of the questions posed. The judge held that while the FRSC cannot criminalise the use of faded vehicle number plates, the plaintiff has the responsibility to approach the FRSC for a replacement of his faded number plate upon payment of the appropriate fees.

Justice Aluko concluded that the FRSC does not have the authority to criminalise the use of faded number plates. Additionally, the FRSC cannot impose fines on the plaintiff or impound his vehicle on these grounds without an order from a court of competent jurisdiction.

The court, in its final judgment, made the following orders: “An order restraining the FRSC from declaring it an offense to drive with a faded vehicle number plate. “ An order prohibiting the FRSC from imposing fines or penalties on the plaintiff for driving with a faded vehicle number plate.An order directing the plaintiff to approach the FRSC for the replacement of his faded vehicle number plate, LSD905EQ, with the FRSC replacing it upon payment of the necessary fee.” -African Gazette 

Source: loyalnigerialawyer