20th May, 2014
An Abuja Federal High Court has restrained the Federal Road Safety Commission (FRSC) from imposing the new driver’s licence and vehicle particulars on motorists whose documents have yet to expire.
The court declared as illegal and unconstitutional the commission’s threat to begin to arrest and prosecute motorists who were yet to obtain the new driver’s licences and number plates.
Delivering judgment, Justice Adeniyi Ademola, held that the FRSC lacked the constitutional power to compel vehicle owners to renew their vehicle particulars which had yet to expire.
Ademola also declared the commission’s planned enforcement of such a decision on vehicle owners in the country as “ultra vires, null and void”.
He also granted all the relief sought by the plaintiff, Mr John Musa, a lawyer who instituted the suit against the commission.
“Judgment is therefore entered in favour of the plaintiff, and all the relief sought are hereby granted; I so hold.
“The commission’s planned action is tantamount to executive recklessness, as the FRSC cannot amend any act of the National Assembly or promulgate another one.
“The court is also mindful of the recent judgment of a Lagos Federal High Court on the same subject matter, which I completely aligned with.
“The court, therefore, orders the commission to stop forthwith its threat to start arresting vehicle owners accordingly, until the expiration of the extant licences,” he said.
The judge also said that the plaintiff had the locus standi to do so and dismissed the FRSC’s counsel’s preliminary objection on the ground that it was a misconception in law.
John Musa, a lawyer, sued FRSC over its threat to compel motorists to obtain new vehicle licences even when it was still valid.
The plaintiff had joined the commission and its Corps Marshal and Chief Executive, Osita Chidoka, as co-defendants in the suit.
It would also be recalled that a Lagos Federal High Court had on 26 March, declared that the new number plates introduced by FRSC were unconstitutional and could not be enforced.
The judge, Justice James Tsoho, had held that the FRSC could not force Nigerians to acquire new number plates by impounding vehicles without the backing of a legislation to that effect.