The Court of Appeal in Owerri, Imo State, has delivered a landmark verdict restraining the Federal Road Safety Corps (FRSC) from seizing driver’s licences, vehicle documents, or impounding vehicles without lawful justification.
In a unanimous decision, the appellate court held that the FRSC lacks the legal powers to carry out such enforcement actions arbitrarily, describing them as violations of fundamental human rights.
The verdict 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, listed as 1st to 3rd Appellants, against Dr. Emmanuel Ugochukwu Shebbs, the Respondent.
The judgment affirmed an earlier verdict by the High Court of Abia State, which held that the actions of the FRSC operatives amounted to rights violations.
Delivering the landmark judgment, Justices of the Appeal Court, Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong maintained the FRSC’s liability in the case. But the appellate court reduced the initial N30 million compensation earlier awarded by the lower court to N10 million, covering general and exemplary damages.
The legal battle arose from an encounter in 2020 during the COVID-19 lockdown when FRSC personnel stopped Dr. Shebbs along Bende Road in Umuahia.
According to him, the officers inspected his vehicle and found no fault, but later demanded a bribe.
“When he declined,” the report says, “they conducted a second inspection, claimed his tyre was worn out, and subsequently retained his driver’s licence and issued a N3,000 booking.”
Dr. Shebbs opted to challenge the seizure in court, refusing to pay the fine and instead sought a redress at the Abia State High Court, where he argued that the action constituted a breach of his fundamental human rights.
The appellate court’s decision now sets a significant precedent on the limits of FRSC’s enforcement authority.
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