THE Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) lacked the power to seize drivers’ licences, vehicles, or related documents without lawful justification.
The court gave the ruling in Appeal No: CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (as 1st to 3rd Appellants), against Emmanuel Ugochukwu Shebbs (Respondent).
The Appeal Court affirmed the High Court’s ruling that the FRSC’s seizure of drivers’ licences and vehicles violated fundamental human rights.
The judges, Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong declared the FRSC’s liability for rights violation.
Delivering a unanimous judgement, the court reduced the damages awarded to the respondent from N30 million to N10 million, covering general and exemplary damages.
The case, which has lasted five years, originated from a 2020 incident where FRSC officers stopped Shebbs on Bende Road in Umuahia during the COVID-19 lockdown.
Shebbs claimed that despite his car being fault-free, the FRSC officers demanded a bribe.
After refusing the bribe, the officers allegedly found a fake issue with his tyre and confiscated his driver’s licence, issuing a N3,000 fine.
Shebbs took the matter to the Abia High Court, arguing that the FRSC’s actions were unlawful and violated his fundamental rights.
Recall that in 2024, in a similar case, a Federal High Court (FHC) in Abuja barred the Directorate of Road Traffic Services (DTRS), otherwise known as the Vehicle Inspection Office (VIO), from stopping vehicles, confiscating them, and imposing fines on motorists.
Delivering the judgement in case number FHC/ABJ/CS/1695/2023 on Wednesday, October 2, the judge, Nkeonye Evelyn Maha, held that no law empowered the respondents to carry out such activities.
The judgement was given following a fundamental rights enforcement suit filed by a human rights activist and lawyer, Abubakar Marshal, before the court.
Listed as respondents on the matter, the order also binds the Minister of the Federal Capital Territory, the Director of Road Transport, and the Area Commander, Jabi.
Furthermore, a restraining order was issued by the court against the respondents to stop them and their agents from impounding or confiscating vehicles or imposing fines, declaring such actions as improper, illegal, and oppressive.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance