FRSC cannot enforce new number plate, says lawyer

A lawyer, Mr. Emmanuel Ofoegbu, has threatened that any attempt by the
Federal Road Safety Commission to arrest or impound any vehicle which
does not carry the new vehicle number plates introduced by the FRSC
shall be matched with resistance.Ofoegbu, who is alleging the FRSC of
being contemptuous to an order of the court which had restrained the
commission from enforcing its new number plates on motorists, also
said that it has no respect for the judgement of an Anambra State High
Court which had recently empowered the FRSC to enforce the new number
plates.The lawyer said such enforcement by the FRSC would be
overreaching the pending judgement of the Appeal Court on issues
bothering new vehicle number plates which the FRSC has said it has now
been empowered to enforce.On september 30, 2013, Ofoegbu, through his
lawyer, Ogedi Ogu, had filed a suit numbered FHC/L/S/13332/2013 before
a Federal High court in Lagos seeking to restrain the FRSC from
arresting and impounding vehicles which did not have the FRSC's new
number plate.In a judgement delivered on March, 26, 2014, Justice John
Tsoho had granted Ofoegbu's prayers and held that it was unlawful for
the FRSC to impose the new number plates on motorists, where there was
no existing law permitting same.The judge had held, "The issue of
redesigning new number plates by the respondent, is not covered under
the provisions of any law in Nigeria."The respondent cannot force
Nigerians to acquire new plate numbers by impounding cars, without the
backing of any legislation to that effect."I hold that the act of the
respondent amounts to an arbitrary use of power, and is therefore
illegal and unconstitutional."Dissatisfied with the judgment, the FRSC
had approached the Appaeal Court to file an appeal numbered CA/L/412,
seeking to upturn Tsoho's judgement.At the Appeal Court, the both
parties had filed their briefs and were waiting for the date of
hearing.But last week, it was published in some national dalies that
the FRSC had now been empowered by the order of an Anambra State High
Court to enforce the new vehicle number plates.The suit was reportedly
filed by one Ajefo Ekwo against the FRSC and Justice Peter Umeadi had
ruled that by the provision of the National Road Traffic Regulation
2012 and the FRSC Act 2007, the FRSC is empowered to issue new vehicle
number plates and drivers' lincence.Reacting to the judgement Ofoegbu
had however threatened that such judgement would not be respected by
him in view of the pending appeal.He is also contesting that the
Anambra State High Court lacked jurisdiction to entertain a suit that
involves a federal agency.A statement issued on the subject by Ofoegbu
and his lawyer, Ogu, had questioned,"Did the State High Court of
Anambra State advert its mind to Section 251(1)(r) of the 1999
Constitution of the Federal Republic of Nigeria which provides that
only the Federal High Court has jurisdiction to entertain cases
involving federal agencies?"Did the State High Court of Anambra State
advert its mind to Section 230(2) of the National Road Traffic
Regulation, 2012, which expressly provides that the revocation of the
NRTR of 2004 shall not affect anything done or purported to be done
under or pursuant to that regulation?Stating his disregard for the
judgement of the Anambra State High Court, the lawyer said,
"Meanwhile, since the order of injunction contained in the judgement
of Honourable Justice T.S. Tsoho in the case of Emmanuel A. Ofoegbu v
FRSC is still valid and subsisting, any action by the FRSC, its
servants, agents and privies overreach, obliterate, subvert and/or
undermine the order of injunction in any way or manner shall be met
and/or matched with appropriate actions."