A lawyer, Mr Emmanuel
Ofoegbu, last Monday, filed a suit before the Federal High Court, Lagos, against the Federal Road Safety Commission (FRSC), challenging its issuance of new number plates.
The applicant is seeking a declaration that the threat by the respondent to arrest and impound the vehicles of motorists who failed to acquire the new number plates from October 1, was “unconstitutional“.
In his statement of facts, the applicant averred that the old number plates 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 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 number plates, 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 Section 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 number plates, because there was no law validly made in accordance with the constitution, prohibiting their use.
The applicant also seeks a court injunction restraining the defendants from impounding vehicles or otherwise arresting or harassing motorists who fail to acquire the new number plates.
Our correspondent reports that the suit number FHC/L/CS/ 1332/13, had yet to be assigned to a trial judge.