Appeal Court Rules FRSC Has No Authority To Seize Driver’s Licence Or Vehicle

The Court of Appeal in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) has no legal right to seize a driver’s licence, vehicle, or any related documents without first obtaining a court order.

This decision was made by a three-member panel while delivering a verdict in appeal number CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer known only by the uniform code COSS 35.

They were challenging an earlier ruling by the Abia State High Court, which declared that the FRSC acted unlawfully when it seized a driver’s licence and vehicle, describing the act as a violation of fundamental human rights.

The case was initially brought by Dr. Emmanuel Ugochukwu, a medical doctor who said he was stopped by FRSC officials in Umuahia during the COVID-19 lockdown in 2020.

According to him, it happened on a Saturday when essential workers were allowed to move around by the then-governor, Okezie Ikpeazu.

Dr. Ugochukwu told the court that although his documents and vehicle were in order, the FRSC officers demanded a bribe.

When he refused, they accused him of fabricated traffic offences and seized his licence after rummaging through his vehicle.

“From a casual ‘find me something’, I had suddenly become a traffic offender. Thy came up with a cooked-up charge — ‘worn-out tyre or no spare tyre.’ It was laughable,” Ugochukwu said.

In 2022, Justice A.I. Nwabuogu of the Abia State High Court ruled in Ugochukwu’s favour and awarded ₦30 million in damages.

The FRSC appealed the ruling, but on June 27, the appellate court upheld the decision, affirming that the FRSC violated the doctor’s rights.

However, the appeal court, made up of Justices Wambai Amina, Abubakar Lawal, and Ntong Ntong, reduced the damages awarded from ₦30 million to ₦10 million.

“Issues 1 and 2 having been resolved against the appellants, the decision of the lower court adjudging the appellants as having violated the fundamental human rights of the respondent is affirmed.

“The sum of ₦30,000,000 awarded as general and exemplary damages is reduced to ₦10,000,000 only,‘ the court held.

Earlier this year, a Federal High Court in Lagos also barred the FRSC from impounding vehicles with faded number plates or issuing fines to drivers for that reason.

KanyiDaily recalls that the Federal Road Safety Corps (FRSC) had ordered the immediate clamp down on all old rickety vehicles across the country.