Court bars FRSC from penalizing drivers with faded number plates

In a landmark judgment, the Federal High Court in Lagos has restrained the Federal Road Safety Corps (FRSC) from arresting or penalizing drivers whose vehicles bear faded number plates.

Justice Akintayo Aluko delivered the ruling on Friday in a case brought against the FRSC by legal practitioner Chinwike Chamberlain Ezebube.

Ezebube initiated the suit on February 13, 2024, challenging the FRSC’s authority to impose fines or criminalize faded number plates.

His argument centered on the FRSC’s responsibility as the sole designer and producer of vehicle number plates in Nigeria, as stipulated under the Federal Road Safety Commission Act of 2007.

Ezebube sought orders restricting the FRSC from declaring faded number plates an offence, imposing fines, or punishing vehicle owners. He also requested that the FRSC replace his faded number plate (LSD905EQ) and others like it at no extra cost beyond the initial issuance fee.

In its defense, the FRSC, represented by lawyer B.O. Nnamani, filed a counter-affidavit urging the court to dismiss Ezebube’s suit and impose punitive costs on the plaintiff.

In delivering judgment, Justice Aluko held that the FRSC cannot criminalize the use of faded number plates or impose penalties without a court order. The court emphasized the FRSC’s responsibility for the quality of the number plates it produces.

Restriction on Criminalization: An order restraining the FRSC from declaring it an offence to drive with a faded number plate.

READ ALSO: FRSC corps marshal pledges to restore public trust and uphold integrity

Ban on Fines and Punishments: An order preventing the FRSC from imposing fines or penalties on drivers for faded number plates.

Replacement of Number Plates: An order directing Ezebube to approach the FRSC for a replacement of his faded number plate upon payment of a “reasonable and requisite fee.”

The court noted that while the FRSC cannot penalize drivers for faded number plates, drivers must follow the proper process to replace them.

“By way of conclusion, I hold the view that Defendant cannot criminalize the use of faded vehicle number plates and has no power to impose a fine on Plaintiff for using such plates or impound the Plaintiff’s vehicle on such grounds without the order of a court of competent jurisdiction,” Justice Aluko stated.

Legal experts and road users have hailed the ruling as a significant step toward safeguarding the rights of vehicle owners. Barrister Adebayo Olumide, a public interest lawyer, remarked, “This judgment reinforces the principle of fairness, holding public institutions accountable for the quality of services they provide.”

Consumer advocates have called on the FRSC to improve the durability of number plates and establish a streamlined replacement process to avoid similar issues in the future.

The ruling is expected to set a precedent for similar cases, emphasizing the responsibility of public agencies to uphold standards while ensuring that penalties do not unduly burden citizens.