FRSC lacks powers to seize drivers’ licences, vehicles, Court declares

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, affirming that such actions constitute a breach of fundamental human rights.

The landmark judgment was delivered in Appeal No: CA/OW/199/2022, filed by the FRSC, its Corps Marshal, and an officer identified by uniform number COSS 35, as the 1st to 3rd Appellants, against Dr. Emmanuel Ugochukwu Shebbs, the Respondent.

The appellate court upheld the earlier decision of the High Court of Abia State, which found the FRSC guilty of violating Shebbs’ rights through the arbitrary seizure of his licence. A three-man panel of the Court of Appeal comprising Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong delivered a unanimous verdict affirming the lower court’s judgment.

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While the court affirmed that the FRSC was liable for the rights violation, it however varied the original damages awarded by the High Court. The N30 million initially granted as compensation was reduced to N10 million, covering both general and exemplary damages.

The case arose from a 2020 incident during the COVID-19 lockdown in Umuahia, Abia State. Dr. Shebbs was stopped by FRSC officials along Bende Road.

He stated that after a routine inspection found no fault with his vehicle, the officers demanded a bribe. Upon his refusal, the officers conducted a second inspection and claimed that his tyre was worn out. They proceeded to impound his driver’s licence and issued him a booking ticket of N3,000.

Rather than pay the imposed fine, Dr. Shebbs approached the Abia State High Court, alleging that the seizure of his licence without due process constituted a breach of his constitutional rights. The High Court agreed with him, prompting the FRSC to appeal the ruling.

With the Court of Appeal now reinforcing the lower court’s position, legal experts believe the judgment sets a critical precedent on the limits of FRSC’s enforcement powers, especially in the absence of a valid court order or clear statutory backing.

The ruling is expected to have significant implications for how road safety enforcement is conducted across the country.