Court bars FRSC from impounding vehicles and penalising drivers with faded number plates

A Federal High Court in Lagos has issued a ruling restraining the Federal Road Safety Corps (FRSC) from arresting or penalizing drivers for having faded vehicle number plates. 

The judgment  delivered by Justice Akintayo Aluko, also prohibits the FRSC from imposing fines or any other punishment on drivers for driving with such plates.

The ruling followed a lawsuit filed by legal practitioner Chinwike Chamberlain Ezebube, who challenged the FRSC’s authority to enforce penalties for driving vehicles with faded number plates. Ezebube, in his suit, argued that the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, was responsible for ensuring the quality and durability of the plates. He contended that any fading of the number plates due to poor production should not be penalized and asked the court to determine if the FRSC could legally fine Nigerians for this issue.

Ezebube further sought an order directing the FRSC to replace any faded number plates, including his own, at no additional cost, provided the initial issuance fee had been paid. He also requested that the court prevent the FRSC from criminalizing the use of faded plates.

In its defense, the FRSC, represented by lawyer B.O. Nnamani, filed a counter-affidavit urging the court to dismiss the suit and impose punitive costs on the plaintiff. However, the court sided with Ezebube, ruling that while drivers may approach the FRSC for a replacement of their faded number plates, the use of such plates could not be criminalized or penalized. The court emphasized that the FRSC does not have the power to impose fines or impound vehicles solely for having faded plates without a court order.

The court granted the following orders: a restriction on the FRSC from declaring it an offense to drive with a faded vehicle number plate, a prohibition on imposing fines or punishments for such a violation, and an order requiring the FRSC to replace the plaintiff’s faded number plate upon payment of the necessary fee.