Appeal Court Rules FRSC Lacks Power to Seize Drivers’ Licences, Vehicles Without Legal Grounds—Awards N10 Million to Motorist

The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) has no legal authority to seize the driver’s licence, vehicle, or related documents of motorists without due process. This judgment was delivered in Appeal No: CA/OW/199/2022, involving the FRSC, its Corps Marshal, an officer identified by Uniform No. COSS 35, and Dr. Shebbs Emmanuel Ugochukwu.

In a unanimous decision, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong upheld the judgment of the Abia State High Court delivered in March 2022, which had found the FRSC guilty of violating Dr. Ugochukwu’s fundamental human rights. The Court of Appeal affirmed that the seizure of a driver’s licence or vehicle without lawful justification constitutes a breach of constitutional rights. However, while maintaining the verdict, the court reduced the N30 million originally awarded to the Respondent as general and exemplary damages to N10 million.

The matter originated from a 2020 incident during the COVID-19 lockdown, when FRSC officers stopped Dr. Ugochukwu along Bende Road in Umuahia. According to Ugochukwu, he was on an essential outing permitted under the lockdown exemptions when officers stopped him for a routine check. After confirming his vehicle documents and safety equipment were in order, he said the officers demanded a bribe. When he refused, they conducted a second inspection, alleged new violations, and issued a N3,000 fine while seizing his driver’s licence.

Rather than take informal routes to resolve the issue, Dr. Ugochukwu chose to pursue legal redress, citing the need to stand up for countless Nigerian youths who face similar abuse without recourse. He filed a suit at the High Court in Aba, which ruled in his favour and awarded him N30 million in damages. Though the FRSC appealed the ruling, the Court of Appeal upheld the decision and reaffirmed that such seizures by FRSC officers, unless backed by court proceedings, are unlawful.

Speaking after the judgment, Dr. Ugochukwu described the ruling as a landmark victory for human rights and a critical step toward ending impunity in law enforcement. “This is not just about me; it’s about every Nigerian whose rights have been trampled upon,” he said. “The Appeal Court has broken the fetters of injustice in Road Safety operations. They do not have the right to seize your licence or vehicle unless they are charging you to court. Nigerians should begin to demand the return of their unlawfully seized property.”

He emphasized that his action was driven by a desire to set a legal precedent and protect others from similar abuses. “I had the option to flash an ID or make a call and walk away, but I remembered the ordinary citizens who don’t have those privileges,” he said. “This judgment is my contribution to the development of human rights law in Nigeria.”