Appeal court rules FRSC lacks power to seize drivers’ licence, vehicles

The court of appeal in Owerri, Imo state, has ruled that the Federal Road Safety Corps (FRSC) lacks the power to seize a driver’s licence, vehicle or any related documents without a valid court order.

A three-member panel of the appellate court gave the judgment while ruling on appeal number CA/OW/199/2022 filed by the FRSC, the corps marshal, and an officer identified by uniform number COSS 35.

The appeal was against the judgement of the Abia state high court, which held that the seizure of a citizen’s vehicle and driver’s licence by FRSC officials was unlawful and a breach of fundamental rights.

The suit was instituted by Emmanuel Ugochukwu, a medical doctor, who said he was accosted by FRSC officers in Umuahia, Abia state, during the COVID-19 lockdown in 2020. Ugochukwu said he was driving on Bende Road on a Saturday designated for essential workers by then governor, Okezie Ikpeazu.

He told the court that although his vehicle and documents were in order, the officials asked him for a bribe. After he declined, citing a lack of cash, the officers accused him of traffic offences, ransacked his car, and seized his driver’s licence.

“From a casual ‘find me something’, I had suddenly become a traffic offender,” Ugochukwu said.

“They came up with a cooked-up charge — ‘worn-out tyre or no spare tyre.’ It was laughable.”

On March 15, 2022, A.I. Nwabuogu, judge of the Abia state high court, ruled in Ugochukwu’s favour and awarded ₦30 million in damages for the violation of his rights.

The FRSC appealed the decision, but in its judgment delivered on June 27, the appeal court affirmed the lower court’s verdict, holding that the agency acted unlawfully.

However, the appellate court panel comprising Wambai Amina, Abubakar Lawal, and Ntong Ntong reduced the compensation 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 court held.

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

In January, a federal high court in Lagos restrained the FRSC from impounding vehicles with faded number plates.

In the judgement, Akintayo Aluko, the presiding judge, also restricted the FRSC from imposing fines or punishing drivers for driving with a faded number plate.