The Federal Road Safety Commission (FRSC) has appealed against the judgment barring imposition of fines on motorists with faded plate numbers at the Court of Appeal, Lagos.
The Commission, in a Notice of Appeal filed on its behalf by its lawyers, Dr. Chukwudi Oracle Nwala, Bonaventure Nnamani and Stephen Ichukwu asked the court for an order allowing the appeal and setting aside the judgment of Justice Akintayo Aluko delivered on January 17, 2025.
A lawyer, Chinwike Ezebube had filed the action before justice Aluko, seeking an order mandating FRSC to replace at no extra cost, Vehicle Licence Number Plate LSD905EQ or any faded vehicle plate numbers of his vehicle or vehicles upon the payment of the initial vehicle plate number issuance cost.
In his ruling delivered on January 17, 2025, Justice Aluko restricted the FRSC, from declaring it an offence to drive with a faded vehicle number plate.
However, FRSC in its appeal filed on six grounds of law argued that the National Road Traffic Regulations 2012 made pursuant to the Federal Road Safety Commission (Establishment) Act, 2007 specifically made provisions for the offence of driving a vehicle with a faded number plate and equally prescribed penalty for same.
“The penalty for the offence of driving a vehicle with a faded number plate was not imposed on the respondent but provided for in the National Road Traffic Regulations 2012.
“Traffic offences, while not inherently criminal, are quasi-criminal in-nature and classified as strict liability offences, with the implication that liability is established without the need to prove intent,” the commission argued.
The commission maintained that it has the power to arrest and prosecute the respondent (Ezebube) for driving his vehicle with a faded vehicle number plate.
“The power to arrest and prosecute the respondent is statutorily provided by the enabling Act.”
The FRSC noted that such judgment will amount to absurdity to allow the respondent (Ezebube) and other Nigerians to drive their vehicles with faded number plates in the face of the current insecurity bedeviling the country.
It added that the intendment of the draftsmen was not considered by the lower court before delivering the judgment.
“The intendment of the draftsmen by any stretch of imagination would not be to allow the respondent or other Nigerians drive their vehicle with faded number plates.”
Meanwhile, FRSC and Ezebube have been summoned to come to the Federal high court on March 25, 2025 by 10:30a.m., to proceed with settling of the record of Appeal.
