Seizing driver’s licence without due process is illegal, Appeal Court rules against FRSC

In a landmark judgment that strengthens the rights of Nigerian motorists, the Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) has no legal authority to seize a driver’s licence, vehicle, or any related document without due process of law.

The decision comes as a significant legal victory for road users nationwide and is expected to have far-reaching implications for the conduct of FRSC officials across the country.

Platinumpost reports that the appellate court delivered the judgment in favour of Dr. Emmanuel Ugochukwu Shebbs, a motorist whose fundamental rights were violated by FRSC officers during an incident in 2020.

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The court found that the FRSC’s actions constituted harassment and an abuse of power, awarding ₦10 million in damages to Shebbs for the unlawful seizure and mistreatment.

The court delivered its ruling in Appeal No: CA/OW/199/2022 between FRSC, the Corps Marshal, and an unnamed FRSC officer (appellants) and Dr. Ugochukwu (respondent).

The three-man panel of justices; Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong agreed unanimously that the actions of the FRSC officers infringed upon the respondent’s fundamental human rights, as protected under the Nigerian Constitution.

Though the Court reduced the initial ₦30 million awarded by the High Court of Abia State to ₦10 million, it reaffirmed the finding of abuse of power and rights violation.

The enrolled judgment stated:

“Issues 1 and 2 having been resolved against the Appellant, the decision of the lower court adjudging the Appellants as having violated the fundamental human rights of the Respondent is affirmed… The sum of ₦30 million awarded… is reduced to ₦10 million only.”

The case stemmed from an incident during the COVID-19 lockdown in 2020 when Dr. Ugochukwu was stopped by FRSC officials on Bende Road, Umuahia, on a Saturday designated for essential movement by then Governor Okezie Ikpeazu.

According to the medical doctor and academic, the FRSC officials initially found his vehicle and documents to be in order but then requested a bribe, which he refused, citing lack of cash.

After the refusal, he said the officers falsely accused him of traffic offences, booked him ₦3,000, and seized his driver’s licence, despite no legal infraction being found.

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

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

Rather than pay the fine or use his connections to suppress the incident, Dr. Ugochukwu chose to seek redress through the courts.

Dr. Ugochukwu, reflecting on the journey, described the judgment as a symbolic win for all Nigerians, particularly those without influence or connections.

“It’s not about the money. It’s about justice for every Nigerian who’s been harassed, extorted, or dehumanised by uniformed officers,” he stated.

He said he could have used his influence called government officials, shown his official ID, or paid the fine — but he chose to set a judicial precedent instead.

“I remembered the many youths whose vehicles and licences were unlawfully seized. I decided to fight, not just for me, but for them,” he said.

The court’s verdict sends a strong message to the FRSC and other law enforcement agencies regarding respect for citizens’ rights.

“The Appeal Court has ruled that Road Safety does not have the right to seize documents or property unless they are going to charge you to court,” Ugochukwu said.

“The court has broken the chains of impunity in the name of road enforcement.”

He urged Nigerians whose documents or vehicles were wrongfully confiscated to demand accountability and take legal action.

Social media users hailed Dr. Ugochukwu’s resolve and courage, describing him as a “champion of the rule of law.”