*Awards N10m as damages against FRSC

The Court of Appeal, sitting in Owerri, Imo State, has barred the operatives of the Federal Road Safety Corps (FRSC) from confiscating Drivers’ Licences, other related documents and from impounding vehicles without a court order.

The Appeal Court ruled that the FRSC lacks the legal authority to carry out such functions without lawful justification.

This decision was made while deciding on Appeal No: CA/OW/199/2022, filed by the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (as 1st to 3rd Appellants), against Dr. Emmanuel Ugochukwu Shebbs (Respondent).

The appellate court upheld the judgment of the High Court of Abia State, which had earlier ruled that such seizures amount to a violation of the fundamental human rights of the holder and owner of such vehicle.

Delivering a unanimous judgment, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, affirmed the FRSC’s liability for rights violation.

However, the court reduced the damages awarded to the respondent from N30 million to N10 million, covering both general and exemplary damages.

The court case stemmed from an incident in 2020, during the COVID-19 lockdown, when FRSC officers stopped Shebbs along Bende Road in Umuahia.

According to him, after inspecting his car and finding no fault, the officers demanded a bribe from him.

When he declined, they conducted a second inspection, claimed his tyre was worn out, and subsequently retained his driver’s licence and issued a N3,000 booking against him.

Rather than pay the fine, Shebbs approached the High Court in Abia state to seek redress, citing the unlawful seizure as a violation of his fundamental rights.