New Number Plates: Lawyer accuses FRSC of misleading Nigerians
The lawyer who filed a suit challenging the power of the Federal Road Safety Commission, FRSC, to impound vehicles of motorists who failed to acquire the new numbers has accused the agency of misleading Nigerians.
Emmanuel Ofoegbu, in a statement on Wednesday, said the judgment delivered last week by James Tsoho is the “only reliable and authentic account of the judgment.”
Mr. Ofoegbu, who filed the suit on September 30, 2013, through a Human Rights Activist, Ogedi Ogu, appealed to Nigerians to await a certified true copy of the court’s judgment which would be made available when ready.
“My attention has been drawn to some publications, in some National Newspapers, by the Federal Road Safety Commission (FRSC) in which the FRSC purportedly offered some explanations and/or gave the account and/or meaning of the judgment delivered by His Lordship, Honourable James Tsoho on Wednesday, the 26th of March, 2014, in the case of Emmanuel Ofoegbu V FRSC Suit No. FHC/LS/CS/1332/2013 at the Federal High Court, Lagos,” Mr. Ofoegbu said in the statement.
“As a legal practitioner, I know that the Certified True Copy (CTC) of the judgment is the only reliable and authentic record and/or account of the judgment, and not what a party in the suit says and/or thinks and/or wants to believe.
“Consequently, I hereby appeal to all Nigerians including the officials of the FRSC and all supporters of constitutionalism and rule of law all over the world to exercise some patience for the CTC of the judgment to be ready.
“And once the CTC of the judgment is ready, I will make it available to all Nigerians and to all supporters of constitutionalism and rule of law all over the world for their information and necessary actions,” Mr. Ofoegbu added.
In his landmark judgment, Mr. Tsoho had said that it was unlawful for the FRSC 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,” the judge had said.
“The respondent (FRSC) 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.
“Judgment is therefore entered in favour of the plaintiff, and all the reliefs sought is hereby granted.”
But in a swift reaction by the FRSC, the commission held that the court’s ruling merely stated that the FRSC’s statutory powers do not cover setting deadlines for conversion to the newly designed plates.
“Contrary to media reports emanating from an earlier Federal High Court verdict sitting in Lagos, the Federal Road Safety Corps wishes to affirm that the court judgement did not vacate its statutory powers to design and produce the new number plate but stated that the Corps lacks statutory authority to fix deadline for the enforcement of the number plate,” said Jonas Agwu, Corps Public Education Officer.
Mr. Ofoegbu said that since the FRSC is “itching” to offer explanations to the court’s judgment, they should state who and which law and Section of the law that made the purported old number plates invalid and no longer usable in the country.
“Which enabling law and the Section of the law, and who made the law, made the new number plates usable by, applicable to, and compulsory for, all vehicles in Nigeria?
“Which Section of the 1999 Constitution empowers the FRSC and/or empowers the National Assembly to delegate to the FRSC the power to create offences and prescribe punishment thereof as the FRSC did in the Gazette No. 101 Vol. 99, Govt Notice 270, printed and published by the Federal Government printers in Lagos on, a Christmas Day, the 25th day of December, 2012?”
Mr. Ofoegbu further expressed his gratitude to Nigerians for their solidarity messages in his struggle to ensure observance of constitutionalism and rule of law.
“I want to remind Nigerians that vigilance is the eternal price of freedom, so for us to enjoy the inalienable, essential and fundamental rights given to us by God and enshrined in 1999 Constitution, we must be vigilant to assert, protect and defend those rights,” Mr. Ofoegbu added.
No comments:
Post a Comment