The Court of Appeal in Owerri, Imo State has delivered a significant ruling stating that the Federal Road Safety Corps (FRSC) lacks the legal authority to seize drivers’ licenses, vehicles, or related documents without lawful justification.
This decision arose from Appeal No: CA/OW/199/202, which was filed by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (collectively referred to as the appellants) against Dr. Emmanuel Ugochukwu Shebbs (the respondent).
The appellate court affirmed the previous judgment issued by the High Court of Abia State, which had determined that such seizures constitute a violation of fundamental human rights.
In delivering a unanimous judgment, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong established the FRSC's liability for the violation of rights. Nonetheless, the court reduced the damages initially awarded to the respondent from N30 million to N10 million, which encompassed both general and exemplary damages.
The case originated from an incident that occurred in 2020 during the COVID-19 lockdown, when FRSC officers stopped Dr. Shebbs along Bende Road in Umuahia. In his testimony, he indicated that after inspecting his vehicle and finding no faults, the officers solicited a bribe. When Dr. Shebbs refused to comply, they conducted a second inspection, alleging that his tire was worn out, and subsequently retained his driver’s license while issuing a fine of N3,000. Rather than paying the fine, Dr. Shebbs sought legal recourse from the High Court in Abia, citing the unlawful seizure as a violation of his fundamental rights.
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