Appeal Court Rules FRSC Has No Power to Seize Drivers’ Licences or Vehicles Without Due Process

The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) lacks the legal authority to confiscate drivers’ licences, vehicles, or related documents without lawful justification.

The decision was delivered in Appeal No. CA/OW/199/2022, filed by the FRSC, its Corps Marshal, and a third officer identified by Uniform No. COSS 35, who served as the 1st to 3rd Appellants. The appeal challenged the judgment of the Abia State High Court, which ruled in favour of Dr. Emmanuel Ugochukwu Shebbs, the Respondent.

In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong upheld the High Court’s ruling that the FRSC’s actions constituted a violation of Dr. Shebbs’ fundamental human rights.

The Court, however, revised the original N30 million in damages awarded by the lower court, reducing it to N10 million in general and exemplary damages.

The case stemmed from a 2020 incident during the COVID-19 lockdown, when FRSC officials allegedly stopped Dr. Shebbs along Bende Road in Umuahia, Abia State. After an initial vehicle inspection revealed no faults, the officers allegedly demanded a bribe. Upon his refusal, they conducted a second inspection, accused him of driving with a worn-out tyre, and seized his driver’s licence while issuing a ₦3,000 fine.

Rather than paying the fine, Dr. Shebbs challenged the action in court, arguing that the seizure of his licence without a court order or due legal process was unconstitutional.

The ruling by the Court of Appeal now affirms that the FRSC cannot arbitrarily confiscate personal property or documents, emphasizing that law enforcement must operate within the limits of the law and due process.

Legal analysts have described the judgment as a landmark victory for citizens' rights and a reminder that regulatory agencies must act within the bounds of the Nigerian Constitution.