You Do Not Have Power to Seize Driver’s Licences, Vehicles – Appeal Court Tells FRSC

……Faults N3,000 Fine, Upholds N10m Award For Violation of Rights

The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps, FRSC, does not have the legal authority to seize drivers’ licences, vehicles, or related documents without lawful justification.

This ruling followed an appeal marked CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35, who were listed as the 1st to 3rd appellants.

The appeal was brought against Dr. Emmanuel Ugochukwu Shebbs, the respondent in the matter.

The appellate court upheld the earlier judgment of the High Court of Abia State, which had declared such seizures as a violation of fundamental human rights.

In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong affirmed that the FRSC acted unlawfully and was liable for violating the respondent’s rights.

However, the court reviewed the damages earlier awarded by the High Court, reducing the sum from N30 million to N10 million. The revised amount covers both general and exemplary damages.

The case arose from a 2020 incident during the COVID-19 lockdown when FRSC officers stopped Dr. Shebbs along Bende Road in Umuahia.

According to his account, after inspecting his vehicle and finding no issues, the officers allegedly demanded a bribe.

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

Instead of paying the fine, Dr. Shebbs sought redress at the Abia State High Court, arguing that the seizure of his licence was unconstitutional and violated his fundamental rights.