Court declares FRSC’s seizure of licences, vehicles illegal

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

The landmark ruling was delivered in appeal number CA/OW/199/2022 filed by the FRSC, its corps marshal, and an officer identified by uniform number COSS 35. The appeal challenged the earlier judgment of the Abia State High Court, which held that the seizure of a private citizen’s vehicle and licence constituted a breach of his fundamental rights.

The respondent, Dr. Emmanuel Ugochukwu, narrated that during the COVID-19 lockdown in 2020, he was stopped by FRSC officers on Bende Road in Umuahia, despite being an essential worker.

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

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

In March 2022, the high court ruled in his favour and awarded ₦30 million in damages. The appellate court, while upholding the violation of rights, reduced the compensation to ₦10 million.

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“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 panel stated.

Earlier in January, a federal high court in Lagos also barred the FRSC from impounding vehicles with faded number plates or imposing fines over them.