Court orders FRSC to pay driver ₦10m for seizing vehicle documents

Court orders FRSC to pay driver ₦10m for seizing vehicle documents

The Court of Appeal, Imo State division, has ruled that the Federal Road Safety Corps (FRSC) acted unlawfully by seizing the vehicle documents of a motorist, Dr Emmanuel Ugochukwu Shebbs, during a routine stop.

The three-member panel of the appellate court awarded N10m in damages against the FRSC for violating Shebbs’ fundamental rights.

In the appeal marked CA/OW/199/2022, the appellate court affirmed the earlier judgment of the High Court of Abia State, which had held that the FRSC has no legal authority to seize a citizen’s driver’s licence, vehicle, or documents without due process.

The appeal was filed by the FRSC, its Corps Marshal, and an unnamed officer identified only by Uniform No. COSS 35, against Dr Shebbs, urging the court to dismiss the decision of the lower court, which had ordered the agency to pay N30m as damages.

In a unanimous decision by Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, the court partially upheld the appeal by reducing the original N30m awarded to N10m.

The court, however, maintained that the FRSC’s actions amounted to a clear breach of the respondent’s constitutional rights.

The incident occurred during the COVID-19 lockdown in 2020 when Dr Shebbs was stopped along Bende Road in Umuahia by FRSC officials while on his way to restock household items on a government-approved day.

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Though his documents and safety items were initially found in order, he was asked for a bribe. Upon declining, the officers allegedly began a second inspection, invented new offences, and confiscated his driver’s licence after booking him a ₦3,000 fine.

Rather than pay the fine or use his connections to resolve the issue, Shebbs said he chose to go to court to stand for ordinary Nigerians without access to justice.

“I remembered the many youths whose vehicles and licences have been unlawfully confiscated by abusive officers who weaponise their uniforms,” he stated.

Despite pressure from friends to drop the case, he pursued it to the High Court, which ruled in his favour and initially awarded N30m.

While the Court of Appeal reduced the damages, it upheld the legal precedent that FRSC officers cannot seize documents or properties of road users without plans to prosecute.

“The Appeal Court has ruled that Road Safety does not have the right to seize documents and properties of road users unless they intend to charge you in court.”
Dr Shebbs said in reaction to the judgment.

“This ruling is not just about compensation; it’s a landmark decision that breaks the chains of impunity in the FRSC’s operations,” he added.

He therefore called on Nigerians who have suffered similar abuse to seek redress and reclaim their seized items.

Court orders FRSC to pay driver ₦10m for seizing vehicle documents