FRSC has powers to issue new number plates, drivers’ licenses – Anambra Court

Contrary to the rulings of two Federal High Courts in Lagos and Abuja, an Anambra State High Court sitting in Awka has ruled that the issuance of new vehicle number plates and drivers licenses by the Federal Road Safety Commission, FRSC, is “legal” and “constitutional.”

Delivering judgment in a suit filed by Emmanuel Ofoegbu, a lawyer, against the FRSC, at a Federal High Court in Lagos in March, the judge, James Tsoho, declared that no existing law permitted the commission to impose the new number plates.

“The respondent (FRSC) cannot force Nigerians to acquire new plate numbers by impounding cars, without the backing of any legislation to that effect,” Mr. Tsoho ruled‎. “I hold that the act of the respondent amounts to an arbitrary use of power, and is therefore illegal and unconstitutional.”

Similarly, in May, Adeniyi Ademola, the judge of a Federal High Court in Abuja, ruled that the FRSC lacked the constitutional power to compel vehicle owners to renew their vehicle particulars which had yet to expire and declared the threat of the commission to arrest and prosecute motorists who did not obtain the new licence and number plates illegal and unconstitutional.

“The commission’s planned action is tantamount to executive recklessness, as the FRSC cannot amend any act of the National Assembly or promulgate another one,” he ruled. “The court is also mindful of the recent judgment of a Lagos Federal High Court on the same subject matter, which I completely aligned with.”

But in a judgement delivered on June 30, in a suit instituted by one Ajefo Ekwo, against the commission on the legality of the issuance of the new number plates and drivers licences, the trial judge, Peter Umeadi, who is also the Chief Judge of Anambra State, ruled that by the provision of the National Road Traffic Regulation 2012 and the Federal Road Safety Commission Act 2007, the FRSC is empowered to issue new vehicle number plates and drivers licenses.

“I hold that the directive of the respondent to all motorist previously registered to re-register their vehicles for the purpose of changing their old number plates with new vehicle number plates is legal and constitutional and stand firmly on both Act 2007 and Regulations of 2012,” the judge declared.

“Section 5 of the Act of 2007 allows the commission, the Respondent, to make regulations for carrying out the objectives of the Act. The Act of 2007 specifically allow the respondent to make regulation with regard to the designing and producing of drivers licences, and vehicle number plates to be used by various categories of vehicles.”

The judge also ruled that it is wrong to hold the FRSC responsible for the discontinuance of the old number plates explaining that by the passing of the National Road Traffic Regulation 2012, it is only natural for the old plates to be changed.