Landmark judgment affirms violation of rights, slashes N30 million damages to N10 million in case against Road Safety Corps
The Court of Appeal sitting in Owerri, Imo State, has declared that the Federal Road Safety Corps (FRSC) lacks the legal authority to seize drivers’ licences, vehicles, or related documents without due process or lawful justification.
In a landmark judgment delivered in Appeal No: CA/OW/199/2022, the appellate court upheld an earlier ruling by the High Court of Abia State, which found that such actions by the FRSC amounted to a breach of fundamental human rights.
The court held the FRSC, the Corps Marshal, and an officer identified by Uniform No. COSS 35 (1st to 3rd Appellants) liable for the violation of the rights of Dr. Emmanuel Ugochukwu Shebbs, who had approached the lower court in 2020 following an encounter with FRSC officials in Umuahia, Abia State.
According to Shebbs, the incident occurred during the COVID-19 lockdown along Bende Road, where FRSC officers initially found no fault with his car but allegedly demanded a bribe. When he refused, they conducted a second inspection, accused him of having a worn-out tyre, seized his driver’s licence, and issued a N3,000 fine.
Refusing to pay the fine, Shebbs instead filed a suit at the High Court of Abia State, citing the seizure as unlawful and a violation of his rights.
In delivering the unanimous judgment, Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong affirmed the FRSC’s culpability in the rights violation but reduced the N30 million in damages earlier awarded to Shebbs to N10 million, comprising both general and exemplary damages.
The ruling sets a significant legal precedent, clarifying the limits of the FRSC’s enforcement powers and reinforcing the constitutional protections of Nigerian citizens against abuse of authority.
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