The Court of Appeal sitting in Owerri, the 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.
The three-member panel 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.
A medical doctor identified as Emmanuel Ugochukwu, had dragged the FRSC in Umuahia before the Abia High court after he was falsely accused of committing a traffic offence, He told the court that he was driving he was flanked by some FRSC officers while he was driving on Bende Road on a Saturday designated for essential workers by then governor, Okezie Ikpeazu during the COVID-19 lockdown.
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. They came up with a cooked-up charge, ‘worn-out tyre or no spare tyre.’ It was laughable.”he said
On March 15, 2022, A.I. Nwabuogu, judge of the Abia state high court, ruled in Ugochukwu’s favour and awarded N30 million in damages for the violation of his rights.
The FRSC appealed the decision. However, in a judgment delivered on June 27, the appeal court affirmed the lower court’s verdict, holding that the agency acted unlawfully.
The court however reduced the compensation from N30 million to N10 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 sum of N30,000,000 awarded as general and exemplary damages is reduced to N10,000,000 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.
