Appeal Court: FRSC lacks power to seize drivers’ licences, vehicles

The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps, FRSC, lacks the legal authority to seize drivers’ licences, vehicles, or related documents without lawful justification.

 

This decision came in Appeal No: CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (as 1st to 3rd Appellants), against Dr. Emmanuel Ugochukwu Shebbs (Respondent).

 

The appellate court upheld the judgment of the High Court of Abia State, which had earlier ruled that such seizures amount to a violation of fundamental human rights.

 

Delivering a unanimous judgment, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong affirmed the FRSC’s liability for rights violation.

 

However, the court reduced the damages awarded to the respondent from N30 million to N10 million, covering general and exemplary damages.

 

The case stemmed from an incident in 2020 during the COVID-19 lockdown, when FRSC officers stopped Shebbs along Bende Road in Umuahia.

 

According to him, after inspecting his car and finding no fault, the officers demanded a bribe.

 

When he declined, they conducted a second inspection, claimed his tyre was worn out, and subsequently retained his driver’s licence and issued a N3,000 booking.

 

Rather than pay the fine, Shebbs approached the High Court in Abia to seek redress, citing the unlawful seizure as a violation of his fundamental rights.

 

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