The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) lacks the legal authority to impound drivers’ licences, vehicles, or related documents without due process of law.
The ruling was delivered in Appeal No: CA/OW/199/2022, brought by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (as 1st to 3rd Appellants), challenging an earlier decision in favour of Dr Emmanuel Ugochukwu Shebbs (Respondent).
The appellate court affirmed the judgment of the Abia State High Court, which declared the FRSC’s actions as a violation of the respondent’s fundamental human rights. In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong held the Corps accountable for the unlawful seizure and the infringement of the respondent’s civil liberties.
However, the Appeal Court revised the N30 million in damages initially awarded by the lower court, reducing it to N10 million. The sum covers both general and exemplary damages.
The case originated from a 2020 incident during the COVID-19 lockdown, when FRSC officials reportedly stopped Dr Shebbs along Bende Road in Umuahia. He claimed that after an initial inspection of his vehicle revealed no infractions, the officers solicited a bribe. Upon his refusal, they allegedly conducted a second inspection, accused him of having a worn-out tyre, confiscated his driver’s licence, and issued a N3,000 booking.
Refusing to pay the fine, Dr Shebbs took legal action at the Abia High Court, asserting that the seizure constituted an infringement of his constitutional rights.
This appellate ruling reinforces the principle that law enforcement agencies must act strictly within the confines of the law and respect citizens’ rights at all times.
