New Number Plate: FRSC Has Legal Powers – Court July 11, 2014 Leave a Comment A Federal High court sitting at Awka in Anambra state has declared that the Federal Road Safety Commission has legal powers to make regulations regarding the design and production of the new vehicle number plate and driver’s license in addition to the registration of vehicles. This judgement formed part of verdict by Hon. Justice Peter Umeadi in a suit filed by one Chief Ajefo Ekwo to challenge the constitutional powers of the Federal Road Safety Commission to enforce compliance by all motorists of its directive for the re-registration of motor vehicles previously registered, by obtaining and replacing same with the new vehicle number plates. According to the Chief Judge, “I see that the six issues for determination distilled by the respondent (FRSC) flow from the eight reliefs of the applicant (Chief Ajefo Ekwo). The relief no.1 tends to suggest that it was the respondent who came up with the idea to register vehicles by obtaining ad replacing the old number plates with new number plates”. Reacting to this relief, Justice Umeadi said “that could not be correct. The powers for such a directive emanated from the National Road Traffic Regulation (NRTR) 2012. Section 36 of the regulations of 2012 stipulate as follows “All private and commercial vehicle shall from the commencement of these Regulations have in them Vehicle Identification Number Plates which shall (a) be carried by the motor vehicle on two plates which shall conform to the requirements of these Regulations and (b) the number plates shall be fixed (i) in such a manner that each is not easily detachable and (ii) in an upright position or within 15 degrees of such position”. Speaking further, the Chief Judge added that “the Regulations of 2012 commenced on 13 August 2012 and was made by the Federal Road Safety Commission pursuant to Section 5 of the FRSC Establishment Act of 2007. The second part of the Section 39(9) of the Regulations (NRTR) of 2012 made it an offence for any vehicle not to have the said identification number plate”. He also affirmed the FRSC’s constitutional powers to arrest and prosecute persons reasonably suspected to have committed any traffic offence and also impound any vehicle by which an offence under the FRSC Act of 2007 is reasonably suspected to have been committed. At this stage, the Chief Judge held that it was clear that the FRSC’s directive flow from Sections 36 and 39 (1)to (II) especially 39 (90)of the NRTR and therefore affirmed that “I hold that the directive of the respondent (FRSC) to all motorists previously registered to re-register their vehicles for the purpose of changing their old vehicle number plates with new vehicle number plates is legal, constitutional and stand firmly on both the Act of 2007 and the National Road Traffic Regulations of 2012” he added. On the issue of the FRSC’s powers to make regulations on the design, production and registration of vehicles with the new number plates, Justice Umeadi held that “ it is instructive that the National Road Traffic Regulations (NRTR) of 2012 empowers the respondent (FRSC) to prohibit the registration or licensing of a class or type of a vehicle considered to be unsuitable for any particular mode of usage and the authority shall accordingly not issue a license, in respect of such class of vehicle”. Justice Umeadi also questioned the applicant’s suit on whether the FRSC has the authority to interfere with the powers of the appropriate authority in controlling the registration of vehicles. He stated that the FRSC is authorized to make regulations relating to implementation of the highway regulations made by the States and the Federal Capital Territory Abuja in respect of the proof of ownership of a vehicle, the registration and such other matters pertaining to making the highway safe, in line with Section 5(5) of the FRSC Establishment Act of 2007. He therefore affirmed that “the respondent (FRSC) is empowered to interfere, intervene and give directives regarding regulations made by the States and the Federal Capital Territory Abuja. While dismissing the suit for lack of merit, the Chief Judge also held that the registration of the old vehicle number plates was not discontinued by the FRSC but by the force of the law as encapsulated in the National Road Traffic Regulations 2012 and directed any person wishing to challenge this discontinuance to seek a repeal or amendment of the NRTR and not to attack the Federal Road Safety Commission. In the final analysis, the Chief Judge dismissed the originating summons as lacking merit and affirmed that the FRSC Establishment Act of 2007 was validly made by the National Assembly pursuant to Section 11(1) of the 1999 constitution and item 63 of the executive legislative list and that the directive issued by the FRSC to all motorists to register their vehicles, obtaining and replacing the old number plates with the new number plates and to change their driver’s license and obtain the new driver’s license in its stead is legal, valid, subsisting and in conformity with the FRSC Establishment Act of 2007, National Road Traffic Regulations of 2012 and the 1999 constitution. In a related development, a Benue High Court sitting at the Okogba Division has dismissed a suit filed by one Godwin Ndubisi alleging that the impoundment of his car by FRSC operatives for violating traffic rules and regulations, was an infringement on his fundamental human rights as guaranteed by Section 44(1) of the 1999 constitution. Delivering judgment in favor of the FRSC, the presiding Chief Judge, Justice David Igoh dismissed the case, stating that among other things, Section 10(4) and (5) of the FRSC Act, 2007 empowers the Corps to arrest persons reasonably suspected to have committed any traffic offence, detain the vehicle, prosecute the offender and even apply to high court for order of forfeiture of the vehicle within six months from the date of detention. Justice Igoh also stated that if the Corps is vested with the powers of arrest, it necessarily follows that the right to detain is implicit and therefore held that the applicant did not establish that his fundamental human rights were breached or violated by the Federal Road Safety Corps. frsc.gov.ng/new-number-plate-frsc-has-legal-powers-court
Posted on: Sun, 27 Jul 2014 10:57:19 +0000
Trending Topics
Recently Viewed Topics
© 2015