A Federal High Court sitting in Ikoyi, Lagos, has restrained the Federal Road Safety Corps (FRSC) from arresting or penalizing drivers whose vehicles bear faded number plates.
The court presided over by Justice Akintayo Aluko, delivered the judgment in a suit initiated by Chinwike Chamberlain Ezebube, ruling that the FRSC cannot criminalize the use of faded vehicle number plates or impose fines without a court order.
The court’s verdict stemmed from a suit designated FHC/L/CS/253/2024, filed by Ezebube, questioning the authority of the FRSC to penalize drivers for faded number plates.
Ezebube, represented by his lawyer, U.G. Nwokedi, argued that the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, is fully responsible for their quality and durability.
The plaintiff’s originating summons, dated January 12, 2024, posed several legal questions including whether the FRSC, under Sections 5(g) and 10(3)(f) of the Federal Road Safety Commission Act, 2007, is not entirely responsible for the quality and durability of vehicle number plates produced by it, Whether the FRSC can penalize drivers for faded number plates caused by defects or poor-quality production, and whether the FRSC is obligated to replace faded number plates at no extra cost to vehicle owners.
Ezebube sought the court’s declaration that penalizing drivers for faded plates is unjustified and requested an order compelling the FRSC to replace defective plates free of charge, provided the original issuance fee had been paid.
In response, the FRSC, represented by its counsel, B.O. Nnamani, opposed the suit, by filing a counter-affidavit and urged the court to dismiss the case with punitive costs.
The FRSC maintained that vehicle owners are responsible for replacing faded number plates and that penalties for non-compliance are within its mandate.
In his verdict, Justice Aluko held that the FRSC cannot criminalize the use of faded number plates or impose fines and other penalties for their use.
“While the Defendant cannot criminalize the use of faded vehicle number plates, the Plaintiff has a duty to approach the Defendant for a replacement upon payment of the requisite fees,” the judge stated.
Justice Aluko also emphasized that the FRSC has no authority to impound vehicles with faded plates or fine their owners without obtaining a court order.
Justice Aluko issued an order restraining the FRSC from declaring it an offence to drive with a faded vehicle number plate, an order barring the FRSC from imposing fines or other punishments on drivers for faded number plates, an order directing the plaintiff to approach the FRSC for the replacement of his faded number plate (LSD905EQ) and requiring the FRSC to replace it upon payment of a reasonable fee.
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