FRSC has no power to seize licences or vehicles – Appeal Court declares

FRSC has no power to seize licences or vehicles – Appeal Court declares

The Court of Appeal in Owerri has significantly curtailed the powers of the Federal Road Safety Corps (FRSC), ruling that the agency lacks the legal authority to seize driver’s licenses, vehicles, or related documents without lawful justification.

The unanimous judgment, delivered in Appeal No: CA/OW/199/2022, upheld an earlier ruling by the Abia State High Court. The appeal was filed by the FRSC, its Corps Marshal, and an FRSC officer, challenging the lower court’s decision in favor of Dr. Emmanuel Ugochukwu Shebbs.

The appellate court panel, comprising Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, affirmed that the FRSC’s actions constituted a violation of Shebbs’ fundamental human rights.

While upholding the unlawfulness of the seizure, the court did reduce the damages awarded to Shebbs from N30 million to N10 million, covering both general and exemplary compensation.

The case originated from an incident during the 2020 COVID-19 lockdown. Dr. Shebbs reported being stopped by FRSC officials on Bende Road in Umuahia.

According to Shebbs, after his vehicle passed an initial inspection, the officers allegedly demanded a bribe.

Upon his refusal, a second inspection was conducted, leading to a citation for a worn tyre. The officers then retained his driver’s license and issued a N3,000 booking.

Instead of paying the fine, Dr. Shebbs sought legal redress at the Abia State High Court, alleging unlawful seizure and violation of his rights.

Both the High Court and now the Court of Appeal have validated his position, reinforcing the limitations on the FRSC’s enforcement powers.