The Federal High Court in Lagos has ruled that the Federal Road Safety Corps (FRSC) cannot arrest or penalize motorists for driving vehicles with faded number plates.
Justice Akintayo Aluko delivered the judgment on Friday, restraining the FRSC from imposing fines or any form of punishment on drivers whose vehicle number plates have faded.
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The ruling followed a lawsuit filed by legal practitioner Chinwike Chamberlain Ezebube, who challenged the FRSC’s authority to criminalize the use of faded number plates and impose penalties for what he described as a manufacturing defect.
In his suit, filed on February 13, 2024, Ezebube argued that the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, is fully responsible for the quality and durability of the plates. He contended that it was unjust for the FRSC to penalize drivers for faded number plates resulting from poor production quality.
Ezebube sought the court’s determination on whether the FRSC could declare it an offence for motorists to use faded number plates and whether the agency was obligated to replace such plates at no extra cost due to quality issues.
He requested the court to:
• Restrict the FRSC from declaring it an offence to drive with a faded number plate.
• Prevent the FRSC from imposing fines or punishment for the use of faded plates.
• Order the FRSC to replace faded number plates free of charge, upon payment of the initial issuance fee.
In response, the FRSC, represented by its counsel B.O. Nnamani, filed a counter-affidavit seeking the dismissal of the suit with punitive costs.
However, Justice Aluko ruled in favor of Ezebube, stating that while the FRSC cannot criminalize the use of faded number plates or impose fines, motorists are responsible for requesting a replacement by paying the standard replacement fee.
Justice Aluko declared:
• The FRSC cannot declare it an offence to drive with a faded number plate.
• The FRSC cannot impose fines or punishments on motorists for using faded number plates.
• The plaintiff must request a replacement, and the FRSC must provide one upon payment of the standard fee.
This judgment sets a legal precedent, protecting drivers from being penalized for faded number plates while clarifying the process for their replacement.