The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) lacks the legal authority to seize the driver’s licence, vehicle, or any related documents of road users without lawful justification. The court affirmed that such actions violate fundamental human rights.
In Appeal No: CA/OW/199/2022, between the Federal Road Safety Commission (FRSC), the Corps Marshal, and an FRSC officer identified by Uniform No. COSS 35 (Appellants), and Dr. Shebbs Emmanuel Ugochukwu (Respondent), the appellate court upheld the judgment of the Abia State High Court which had earlier ruled in favour of Dr. Ugochukwu.
In a unanimous decision delivered by Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, the Court of Appeal maintained that the actions of the FRSC officers amounted to a violation of Ugochukwu’s rights. However, it reduced the damages awarded to him from ₦30 million to ₦10 million as compensation for general and exemplary damages.The enrolled order, signed by Suobo Zuofa Esq. for the Deputy Chief Registrar, reads in part:
“On the whole, 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. However, the appeal succeeds in part only with respect to the quantum of damages awarded against the Appellants. The sum of ₦30,000,000.00 awarded as general and exemplary damages is reduced to ₦10,000,000.00 only.”
Background of the Case
The case dates back to 2020, during the COVID-19 lockdown, when Dr. Ugochukwu was stopped by FRSC officers along Bende Road in Umuahia, Abia State. According to him, it was one of the designated days when residents were allowed to restock essentials.
“While it was expected that citizens would use this window to restock their homes,” he said, “some FRSC officers saw it as an opportunity to ‘restock’; not their kitchens, but their pockets.”
Dr. Ugochukwu recounted that his car and documents were thoroughly inspected and found to be in order. But when he refused to give the officers “something” as requested, they suddenly began a second round of inspection.
“At that moment, I had no cash on me, so literally, I had no ‘something’ to give,” he said. “Suddenly, they embarked on a second round of inspection… From a casual ‘find me something,’ I had suddenly become a traffic offender.”
The officers eventually claimed his vehicle had a worn-out spare tyre and fined him N3,000, seizing his driver’s licence in the process. Rather than pay the fine or use his connections, Ugochukwu chose to pursue legal redress.
“I don’t look for trouble, but when I start, I mean business,” he said.“
I could have flashed my official ID card, made calls, or paid the fine. But I remembered the many Nigerian youths who neither had connections nor ID Cards—those who couldn’t afford to ‘pay their way out’ of an abusive law enforcement system.”
He added that he was determined to seek justice not just for himself but for countless other Nigerians who have suffered similar injustices.
Legal Victory and Impact
The High Court ruled in his favour in 2022 and awarded ₦30 million in damages. The FRSC appealed the decision, but the Court of Appeal affirmed the ruling and reduced the amount to ₦10 million.
“But for me, it’s not about the money,” Ugochukwu stated. “It’s about the judicial precedent now established in FRSC & Anor v. Shebbs that the seizure of a driver’s licence, vehicle, or related documents without lawful justification is a breach of fundamental rights. This is my humble contribution to the development of Human Rights Law in Nigeria.”
He concluded with a powerful message:
“The Appeal Court has ruled that Road Safety does not have the right to seize documents and properties of road users unless they intend to charge you to court. The Appeal Court has broken the fetters of injustice in the Road Safety operations.”
Dr. Ugochukwu is now urging Nigerians whose licences and documents have been unlawfully confiscated to demand their return and stand up for their rights under the law.
