The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) has no legal authority to seize drivers’ licences, vehicles, or related documents without lawful justification.
The ruling was delivered 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 earlier judgment of the Abia State High Court, which had declared the actions of the FRSC as a violation of Shebbs’ fundamental human rights.
In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong affirmed the liability of the FRSC, stating that its actions were unlawful.
However, the appellate court reduced the damages initially awarded from N30 million to N10 million, covering both general and exemplary damages.
The case originated from a 2020 incident during the COVID-19 lockdown when FRSC officers stopped Dr. Shebbs along Bende Road in Umuahia. He alleged that after an initial inspection of his vehicle found no fault, the officers demanded a bribe. Upon his refusal, they conducted a second inspection, accused him of having a worn-out tyre, and seized his driver’s licence while issuing a N3,000 fine.
Instead of paying the fine, Shebbs approached the Abia High Court, arguing that the seizure of his licence without due process violated his fundamental rights – a claim that both the High Court and the Court of Appeal have now upheld.
