Appeal Court: FRSC has power to impound vehicles, fine erring motorists

A Court of Appeal in Calabar has upheld the power of the Federal Road Safety Corps (FRSC) to impound the vehicle of an erring motorist, Michael Benson, and also fined him in Akwa Ibom State.

 

Benson, a lawyer in Uyo, was arrested by the operatives of FRSC on patrol in 2017 for driver’s licence violation, vehicle licence violation, and tyre violation.

 

His vehicle, a Toyota saloon car, was impounded, and a fine was slapped on him.

 

Benson, however, dragged FRSC to the Akwa Ibom State High Court in Uyo in suit No. HU/FHR 21/2017, challenging its powers and right to impound his vehicle and calling for the enforcement of his fundamental human right.

 

He also demanded to be awarded a sum of N10 million as damages.

 

The trial judge, Justice Aniekan Akpan, dismissed the application for lacking merit, noting that the FRSC has the power, according to the Constitution, to impound vehicles and fine any erring motorist.

 

 

Benson then proceeded to the Court of Appeal, seeking to upturn the judgement of the lower court, but the three-man panel of justices R. C. Agbo, M. B. Barka, and B.B. Aliyu, delivering judgement on Monday, June 26, 2023, in suit No. CA/C/305/2017, Michael Benson Esq. vs FRSC, upheld the ruling of the Akwa Ibom High Court.

 

 

Justice Aliyu, who read the judgement on behalf of the panel, ruled: “FRSC has the powers to arrest and prosecute within the ambit of law denoted to the commission. We affirm the decision of the trial court and posit that the appeal was grossly incompetent.”

 

The court also dismissed his prayer that N10 million should be awarded to him as damages and instead awarded a cost of N50,000 against the appellant in favour of FRSC.