Appeal Court Rules FRSC Cannot Seize Driver’s Licence or Vehicle Without Court Order

The Court of Appeal sitting in Owerri, Imo State, has ruled that the Federal Road Safety Corps (FRSC) has no legal authority to confiscate a driver’s licence, vehicle, or related documents without a valid court order.

The ruling was delivered by a three-member panel 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 a previous judgement by the Abia State High Court, which declared the FRSC’s seizure of a citizen’s vehicle and licence unlawful and a violation of fundamental rights.

The case was brought by Dr. Emmanuel Ugochukwu, who accused FRSC officials in Umuahia of wrongfully impounding his vehicle and licence during the COVID-19 lockdown. He stated that while driving on Bende Road on a Saturday designated for essential workers, FRSC officers stopped him, asked for a bribe, and then fabricated traffic charges such as having a “worn-out tyre or no spare tyre” after he refused to pay.

In March 2022, Justice A.I. Nwabuogu of the Abia State High Court ruled in Ugochukwu’s favor, awarding ₦30 million in damages for the infringement of his rights.

The FRSC appealed the decision, but on June 27, the appellate court upheld the lower court’s ruling, confirming that the agency acted unlawfully. However, the compensation was reduced from ₦30 million to ₦10 million.

The judgment stated: “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 ₦30,000,000 awarded as general and exemplary damages is reduced to ₦10,000,000 only.”

This follows a similar ruling in January, when a federal high court in Lagos barred the FRSC from impounding vehicles with faded number plates or penalizing drivers for such cases, further limiting the agency’s enforcement powers.