The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) lacks the legal authority to confiscate drivers’ licences, vehicles, or related documents without lawful justification.
News360 Info reports that this judgment was delivered in Appeal No: CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified as Uniform No. COSS 35, against Dr. Emmanuel Ugochukwu Shebbs, who served as the respondent.
In a unanimous decision delivered by Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, the appellate court affirmed the earlier ruling of the Abia State High Court, which held that the actions of the FRSC constituted a violation of the respondent’s fundamental human rights.
While the court upheld the liability of the FRSC for the rights violation, it, however, reviewed the damages initially awarded by the lower court.
The sum of ₦30 million was reduced to ₦10 million, covering both general and exemplary damages.
The case arose from a 2020 incident during the COVID-19 lockdown, when Dr. Shebbs was stopped by FRSC personnel along Bende Road in Umuahia.
Narrating his ordeal, Shebbs stated that after his vehicle was inspected and found faultless, the officers demanded a bribe. When he refused, they allegedly conducted a second inspection and claimed his tyre was worn out.
“They then seized my driver’s licence and issued a ₦3,000 booking,” Shebbs told the court.
Instead of yielding to the demand or paying the fine, Shebbs took legal action, approaching the High Court in Abia State to challenge the seizure of his licence as unlawful.
He argued that the officers acted beyond their statutory powers and infringed on his constitutional rights.
The High Court ruled in his favour, prompting the FRSC and its officers to file an appeal, which has now been dismissed by the appellate court.
