Court Restricts FRSC from Arresting Drivers for Faded Number Plates
● Correspondent-at-Large
A Federal High Court in Lagos has issued an order restraining the Federal Road Safety Corps (FRSC) from arresting drivers of vehicles with faded number plates. The court also prohibited the FRSC from imposing fines or other penalties on drivers for using vehicles with such worn-out plates.
The judgment was delivered on Friday by Justice Akintayo Aluko, who was presiding over a case filed by Chinwike Chamberlain Ezebube against the FRSC. The suit, marked FHC/L/CS/253/2024, centered on a dispute over the FRSC’s enforcement actions regarding vehicles with faded or peeling number plates.
Ezebube, who was represented by his lawyer U.G. Nwokedi, filed an Originating Summons on January 12, 2024, seeking the court’s intervention on several legal questions. The plaintiff asked whether the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, could be held responsible for the quality and durability of the plates.
In his suit, Ezebube argued that the FRSC should be accountable for any defects in the number plates, including fading or peeling, which were allegedly caused by poor manufacturing processes. The plaintiff further questioned whether the FRSC had the right to penalize drivers for using vehicles with faded number plates resulting from these manufacturing defects.
Ezebube also sought a ruling that the FRSC should replace any faded number plates at no additional cost to vehicle owners, asserting that such deterioration was due to the FRSC’s substandard production practices. The plaintiff contended that drivers should not be penalized for issues that arose from the FRSC’s own fault.
In its response, the FRSC, through its lawyer B.O. Nnamani, filed a counter affidavit, urging the court to dismiss the suit and impose punitive costs on the plaintiff. The FRSC maintained that it had the authority to enforce rules regarding vehicle number plates, including penalizing drivers for using faded plates.
Justice Aluko, after reviewing the submissions from both parties and considering the relevant legal authorities, ruled in favor of the plaintiff. The judge determined that while the FRSC cannot criminalize the use of faded vehicle number plates, the plaintiff was still responsible for approaching the FRSC for a replacement of the faded plate, provided the appropriate fees were paid.
The court also clarified that the FRSC does not have the power to impose fines or punish drivers for using faded number plates without a court order. In conclusion, Justice Aluko restricted the FRSC from declaring it an offense to drive a vehicle with a faded number plate or imposing fines or other penalties on drivers for such infractions.
The court further ordered that the FRSC replace the plaintiff’s faded number plate, LSD905EQ, upon payment of the required fees. This ruling sets a precedent for drivers seeking to address similar issues with faded number plates due to poor manufacturing practices by the FRSC. GMTNewsng
