Appeal Court Declares FRSC Has No Power to Seize Driver’s Licence or Vehicle Without Legal Grounds, Awards N10m to Nigerian Motorist
Adapted from a report by Sahara Reporters
The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) lacks the legal authority to seize drivers’ licences, vehicles, or related documents without lawful justification, declaring such actions a breach of fundamental human rights.
The ruling was delivered in the appeal marked CA/OW/199/2022, between the FRSC (including the Corps Marshal and an officer identified by uniform number COSS 35) and Dr. Shebbs Emmanuel Ugochukwu.
In a unanimous decision by Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, the appellate court upheld the judgment of the Abia State High Court, which had earlier ruled that the FRSC’s action amounted to a violation of the respondent’s fundamental rights. However, the court reduced the damages awarded to Dr. Ugochukwu from N30 million to N10 million.
Background of the Case
The case dates back to 2020 during the COVID-19 lockdown, when FRSC officers stopped Dr. Ugochukwu along Bende Road in Umuahia. He explained that it was one of the designated days permitted by the state government for residents to go out and restock essentials.
After a routine check confirmed his documents and safety items were in order, one of the officers allegedly solicited a bribe. When he refused, they allegedly fabricated an offence and seized his driver’s licence after booking him for a N3,000 fine.
Rather than yield to pressure or influence, Dr. Ugochukwu took the matter to court, citing violation of his fundamental rights.
“I remembered the many youths whose licences and vehicles have been unlawfully confiscated by some abusive officers… so I decided to put myself through the crucible,” he stated.
Legal Victory and Wider Implications
The Court of Appeal’s decision affirms that FRSC officers do not have the power to seize any property from road users unless they are prepared to follow due process, including prosecution in a court of law.
Dr. Ugochukwu hailed the ruling as a “judicial precedent” and a personal contribution to Nigeria’s human rights development.
“This judgment is not about the money,” he said. “It is about the principle. Road Safety cannot act above the law. The rights of Nigerian motorists must be respected.”
He called on Nigerians whose documents or vehicles have been wrongfully seized by FRSC to seek redress.
