Lawyer sues FRSC over new number plates
(Nigeria) A lawyer, Mr Emmanuel Ofoegbu, on Monday, filed a suit
before a Federal High Court Lagos, against the Federal Road Safety Commission, FRSC,
challenging the issuance of new plate numbers for motorists.
The applicant is seeking a declaration that the threat by
the respondents to arrest and impound the vehicles of motorists, who failed to
acquire the new numbers from October 1, is unconstitutional.
In his statement of facts, the applicant averred that the
old plate numbers were issued under the provisions of the National Road Traffic
Regulations, NRTR, 2004.
He said that the NRTR 2004, is a subsidiary legislation made
under the Federal Road Safety Commission, FRSC, Act, Laws of the Federation as
revised in 2004.
According to the applicant, the NRTR 2012, in Regulations
230 (2), provides that the revocation of the 2004 Regulations, shall not affect
anything done, or purported to be done pursuant to that Regulation.
Ofoegbu averred that there is 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 also averred 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 36 (12) of the constitution which
guarantees the rights of individuals.
He therefore wants the court to declare as unlawful, the threat by the respondent, to
arrest motorists using the old plate numbers, because there is no law validly
made in accordance with the constitution, prohibiting its use.
The applicant also seeks a court injunction restraining the
defendants from impounding vehicles or otherwise arresting or harassing
motorists who fail to acquire to new plate number.
The suit number FHC/L/CS/ 1332/13 is yet to be assigned to a
trial judge.
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