By Divine Sam.
The Court of Appeal sitting in Owerri, Imo State, has declared that the Federal Road Safety Corps (FRSC) has no legal authority to confiscate drivers’ licences, vehicles, or related documents without lawful justification.
This ruling was delivered in Appeal No: CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified by uniform number COSS 35 (as 1st to 3rd Appellants), against Dr. Emmanuel Ugochukwu Shebbs (Respondent).
The appellate court upheld the earlier decision of the Abia State High Court, which ruled that the FRSC’s actions amounted to a violation of Shebbs’ fundamental human rights. The panel of Justices — Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong — delivered a unanimous verdict, affirming FRSC’s liability.
However, the court reduced the compensation initially awarded to the respondent, lowering it from ₦30 million to ₦10 million as general and exemplary damages.
The matter dates back to an incident in 2020, during the COVID-19 lockdown, when FRSC officers reportedly stopped Shebbs on Bende Road in Umuahia. After an initial inspection yielded no faults, the officers allegedly demanded a bribe. Upon his refusal, a second inspection was carried out, and a worn tyre was cited as a violation. They subsequently retained his driver’s licence and issued a ₦3,000 fine.
Instead of paying the fine, Shebbs approached the Abia State High Court to challenge what he described as an unlawful and rights-violating seizure by the FRSC.
The ruling is expected to set a significant precedent regarding the limits of FRSC’s enforcement powers.
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