Appeal Court Rules FRSC Lacks Power to Seize Drivers’ Licences, Vehicles
By: Israel Adeleke
OPEN TELEVISION NAIJA (OTN) News reports as gathered that the Court of Appeal 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 due process or lawful justification.
In a unanimous decision delivered in Appeal No: CA/OW/199/2022, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong upheld an earlier judgment by the Abia State High Court, which found the FRSC guilty of violating the fundamental human rights of one Dr. Emmanuel Ugochukwu Shebbs.
The appeal court reaffirmed that arbitrary seizures by FRSC officials constitute an infringement on citizens’ rights and emphasized that such actions fall outside the Corps’ statutory powers.
OTN News observes that the case originated from an incident during the COVID-19 lockdown in 2020, when FRSC officers stopped Dr. Shebbs along Bende Road in Umuahia, Abia State.
According to the respondent, after a routine vehicle inspection revealed no faults, the officers demanded a bribe.
Upon his refusal, a second inspection was conducted, during which the officers alleged his tyre was worn out. They then confiscated his driver’s licence and issued a ₦3,000 fine.
Rather than pay the fine, Dr. Shebbs sought legal redress at the Abia State High Court, arguing that the seizure of his licence was unlawful and a violation of his fundamental rights.
However, the court gave its judge, but reduced the damages awarded to Shebbs from ₦30 million to ₦10 million, covering both general and exemplary damages.
OTN News observes that the ruling marks a significant judicial clarification of the FRSC’s powers and has drawn attention to broader concerns about the abuse of authority by traffic enforcement agencies.
Legal analysts say the decision could serve as a precedent in curbing similar rights violations by law enforcement officials across Nigeria.
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