The Court of Appeal sitting in Owerri has affirmed that the Federal Road Safety Corps (FRSC) does not have the legal authority to seize drivers’ licences, vehicles, or related documents without lawful justification, describing such actions as a breach of fundamental human rights.
The ruling was delivered in Appeal No: CA/OW/199/2022, instituted by the FRSC, the Corps Marshal, and one of its officers (identified by Uniform No. COSS 35) as the 1st to 3rd appellants. The appeal challenged the judgment of the High Court of Abia State in favour of Dr. Emmanuel Ugochukwu Shebbs, the respondent.
In a unanimous decision, the three-member panel of Justices — Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong — upheld the lower court’s judgment, declaring that the actions of the FRSC officers constituted a violation of the respondent’s fundamental rights. The appellate court, however, reduced the initial N30 million damages awarded by the High Court to N10 million, covering both general and exemplary damages.
The case arose from an incident in 2020 during the COVID-19 lockdown when FRSC officials stopped Dr. Shebbs along Bende Road in Umuahia, Abia State. According to the respondent, officers found no fault with his vehicle during their inspection but still demanded a bribe. After he refused, they allegedly conducted a second inspection, accused him of using a worn-out tyre, and issued a N3,000 fine, while unlawfully retaining his driver’s licence.
Rather than pay the fine, Dr. Shebbs approached the Abia State High Court, seeking judicial intervention on the grounds that the seizure of his licence violated his constitutional rights.
Legal experts have described the appellate court’s ruling as a landmark decision that reinforces the constitutional limits of law enforcement agencies and reaffirms citizens’ rights against arbitrary actions.
The FRSC is yet to release an official statement in response to the judgment.
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