The Federal Road Safety Corps,
FRSC announced Tuesday that despite
restraining orders from two federal courts in Abuja and Lagos, it was
determined to press on with the controversial policy of ensuring all
motorists buy its new car number plates and licence from August 1.
The FRSC, now under a new Corps Marshal
appointed by President Goodluck Jonathan Wednesday, said it is decision
is based on a new ruling by a state court in Anambra.
The Anambra Court gave the corps the
go-ahead in a decision July 15, despite an appeal against the previous
decisions by the two federal court.
Lawyers have rejected the authority of the
Anambra Court, and also criticize its timing since the appeal launched
by the FRSC is currently before the Court of Appeal.
Ogedi Ogu, the lawyer who obtained the
Lagos court ruling in March against the FRSC, described the Corp’s vow
to proceed with the enforcement as a “concoction of lies”.
Mr. Ogu, who filed a suit on September 30,
2013, through Emmanuel Ofoegbu, a rights activist, had challenged the
power of the FRSC to impound vehicles of motorists who failed to acquire
the new number plates.
In a ruling delivered by James Tsoho, the
Federal High Court, Lagos, held that it was unlawful for the Commission
to impose the new number plates on Nigerians, where no existing law
permitted it.
“The issue of redesigning new number plates
by the respondent is not covered under the provisions of any law in
Nigeria,” Mr. Tsoho had said.
The court’s pronouncement put paid to the
FRSC’s intention to begin enforcement of the new number plates by
October 1, and the Commission headed to the appeal court to challenge
the ruling.
However, on Tuesday, the FRSC announced
that it would go ahead with the enforcement of the new drivers’ licence
and number plates on August 1.
Chidi Nkwonta, Lagos State Sector Commander, FRSC, said the decision followed the Anambra ruling.
“This new judgment made it very clear that
as from August 1, FRSC should impound,” Mr. Nkwonta said. “So, Nigerians
must discountenance that first misleading judgment and take this one
because we are going to continue enforcement as from August 1, 2014.”
In May, the Anambra State High Court
sitting in Awka had ruled that the issuance of new vehicle number plates
and drivers licenses by the FRSC was “legal” and “constitutional.”
“I hold that the directive of the
respondent to all motorists previously registered to re-register their
vehicles for the purpose of changing their old number plates with new
vehicle number plates is legal and constitutional and stand firmly on
both Act 2007 and Regulations of 2012,” the judge declared.
“Section 5 of the Act of 2007 allows the
commission, the Respondent, to make regulations for carrying out the
objectives of the Act. The Act of 2007 specifically allow the respondent
to make regulation with regard to the designing and producing of
drivers licences, and vehicle number plates to be used by various
categories of vehicles,” he added.
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