Legal practitioners, public react to court decision on new plate number

Following the recent ruling by the Federal High Court in Lagos State, with regards to the new law on change of car plate numbers and drivers’ license for motorists, justice and rights advocates have commended the decision of Justice James Tsoho and Counsel, Emmanuel Ofoegbu for bringing the case against the Federal Road Safety Commission (FRSC).

Justice James Tsoho had in his judgment, ruled that it was unconstitutional for the Federal Road Safety Commission (FRSC) to impose new number plates on motorist in the country, describing the act as “unlawful as it runs afoul of no existing law.”

Speaking on this development, Emmanuel Ochai, Partner and Head of Litigation at Ochai and Odihi Law Firm Lagos, described the judgment by Justice Tsoho of as a bold statement and a welcomed development.

He frowned at the crippling forms of illegality and corrupt practices in the various sectors of government adding that it was not encouraging but glad that in the throes of discomfort, justice could prevail, which is a sign of hope for all.

 “There is a lot of illegality going on unchecked particularly by agencies of government. What the judge in this case did was to state the obvious which is the fact that no law empowered the FRSC to force Nigerians to change their old number plates to the new number plates and impound vehicles of those who refuse to comply. Therefore FRSC acted ultra vires, its powers on the issue of new number plates,” he said.

Justice Tsoho delivered the judgment following a suit by Emmanuel Ofoegbu, challenging the powers of FRSC to issue the new number plates and to impound vehicles of motorists who failed to acquire the new numbers. He said:

“…I hold that the act of the respondent amounts to an arbitrary use of power, and is therefore illegal and unconstitutional. Judgment is therefore, entered in favour of the plaintiff and all the reliefs sought are hereby granted I so hold.”

The effect of the above judgment implies that the FRSC had no legal backing to impose the new plate number on motorist as there was no existing law stating the discarding of the old plate numbers or stating that it was invalid and to that effect, everything returns to its status quo and the FRSC would have to continue with their duties which are stated in the FRSC Act.

Prior to the judgment, Ofoegbu averred that there was no law made in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended), which prohibits the use of the old plate numbers, or declares its use as an offence.

He stated also that the threat by the respondent to impound vehicles and arrest motorists who failed to comply with the October 1 deadline was a gross violation of the provisions of Section 36 (12) of the constitution which guarantees the rights of individuals.

He therefore urged the court to declare as unlawful, the threat by the respondent, to arrest motorists using the old number plates because there is no law validly made in accordance with the constitution prohibiting its user and sought an order of injunction restraining the defendants from impounding vehicles or otherwise arresting or harassing motorists who failed to acquire the new number plate.

To the general public, the court decision has been well-received by motorists, especially commercial bus drivers. In a chat with a number of commercial drivers, a lot of them seemed pleased with the decision of the court as one Mr. Ishmael said,

“It is very good. Finally, someone is listening to the cries of the ordinary man  who cannot afford to dash N30, 000 to FRSC.”