For the second time in about two months, another Federal High Court judge, Justice Adeniyi Ademola, sitting in Abuja, has halted the decision of the Federal Road Safety Commission (FRSC) to impose new licences for driver’s and vehicle licences on car owners whose papers are still valid.
The court also declared as unconstitutional the threat by the commission to start arresting car owners who have not obtained the new driver’s licence even when their present licence is still valid.
The court delivered the judgement following a suit filed by an Abuja -based lawyer, John Musa.
In the suit, Musa challenged the commission’s threats to forcefully make every car owner obtain a new driver and vehicle licence even when the present one is still valid.
The plaintiff had joined the commission and its Corp Marshal and Chief Executive, Osita Chidoka as first and second defendants respectively.
The trial judge, Justice Ademola Adeniyi while delivering judgement dismissed the preliminary objections brought by the defendants on ground that they were all misconception of the law.
He further held that the commission lacks power to forcefully asked car owners to go and renew their papers when the current one is still valid adding that the commission cannot amend any existing law of the National Assembly or promulgate another one.
Justice Adeniyi however noted that he was mindful of the Lagos Court judgement on the same subject matter and endorsed the judicial pronouncement of the learned judge.
The court further held that the Commission has no power to invalidate a driver or vehicles license before the expiry date and therefore declared that the pronouncement by the commission to do so is ultra vires, null and void.
The court however gave a mandatory order stopping the commission from putting to effect, its threat to start arresting car owners until the expiration of the extant licenses.
The court described the action of the commission as executive recklessness.
In a judgment delivered by Justice James Tsoho, the court held that the redesigning of the old number plates was not backed by any law.
“I hold that the act of the respondent amounts to an arbitrary use of power, and is therefore illegal and unconstitutional.
“This Judgment is therefore entered in favour of the plaintiff, and all the reliefs sought is hereby granted, I so hold”, the court held.
