FRSC lacks power to seize drivers’ licences, vehicles – Appeal Court

The Court of Appeal 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 grounds.

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

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

In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong affirmed FRSC’s liability but reduced the damages awarded to the respondent from N30 million to N10 million, covering both general and exemplary damages.

The case originated from a 2020 incident during the COVID-19 lockdown, when FRSC officers stopped Shebbs on Bende Road in Umuahia.

He claimed that after his car passed inspection, the officers demanded a bribe. When he refused, they carried out a second inspection, alleged his tyre was worn out, seized his driver’s licence, and issued a N3,000 booking.

Instead of paying the fine, Shebbs took the matter to the Abia High Court, arguing that the seizure of his licence violated his fundamental rights.