FRSC: Court Of Appeal Sanctions New Plate Number

A plaintiff had challenged the October 1, 2013 deadline set for motorists to change to the number plate and the threat to impound vehicles of defaulters. The Court of Appeal in Lagos, has granted the Federal Road Safety Corps, FRSC, the permission to go ahead with the new number plate. Presiding over a suit filed against the FRSC by Emmanuel Ofoegbu before a Federal High Court in Lagos, Justice Ikegh gave his verdict on Friday, October 31 which was released to the press yesterday, Monday, November 3. The plaintiff had challenged the October 1, 2013 deadline set for motorists to change to the number plate and the threat to impound vehicles of defaulters. “I would allow this appeal in part; for the avoidance of doubt, this appeal only succeeds in part to the effect that regulations 2012 has legal force, and is enforceable from October 1, 2013, the administrative date set by FRSC. The part of the decision of the lower court declaring the regulation 2012 unconstitutional is hereby set aside,” Ikegh ruled. The lower court declaration referred to by Justice Ikegh was a ruling by Justice John Tsoho of the lower court on Wednesday, March 26. Justice Tsoho had ruled that the threats by the FRSC to impound vehicles of defaulters, including the applicant’s vehicle(s) over the redesigned plates were unconstitutional. Dissatisfied by the ruling of the lower court, the FRSC appealed seeking an order to uphold its power to issue and enforce the use of new number plates for motorists in Nigeria. FRSC raised four issues for determination — whether the trial court was right when it took notice of newspaper publication on the alleged threat to impound vehicles of defaulters. It also urged the appellate court to decide whether the trial court was right to hold that the NRTR 2012 was a nastily conceived policy without legal framework. The Commission had also queried the locus standi of the respondent to have initiated the suit at the lower court, and whether the court was right to have granted an injunction in his favour. The appellate court however, resolved three of the issues raised by the FRSC, in favour of the respondent (Ofoegbu).