…Awards N10 million to motorist for violation of right
The Court of Appeal sitting in Owerri, the Imo State capital, has declared that officials of the Federal Road Safety Commission (FRSC), lack the power and right whatsoever to seize documents and properties of road users unless they intend to charge you to court.
The appellate Court which made the declaration while ruling on an 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 (1st to 3rd Appellants) and Dr. Emmanuel Shebbs Ugochukwu as Respondent, upheld a High Court’s ruling which earlier held that the seizure of a driver’s licence, vehicle, or related documents without lawful justification constitutes a violation of fundamental human rights.
The Court therefore ruled in favour of Dr. Emmanuel Shebbs Ugochukwu and affirmed that the Federal Road Safety Corps (FRSC) does not have the authority to seize documents and properties of road users without lawful justification.
In a unanimous judgment delivered by Justices Amina Audi Wambai, M. Lawal Abubakar, and Ntong F. Ntong, the Appeal Court affirmed the FRSC’s liability, but reduced the damages earlier awarded to Mr. Ugochukwu by the High Court from N30 million to N10 million, to cover general and exemplary damages for the rights violation.
The enrolled order signed by Suobo Zuofa Esq. for Deputy Chief Registrar partly read: “This is an appeal against the Judgment of the High Court of Abia State, Aba Judicial Division, delivered on the 15th day of March, 2022, by Hon. Justice A.I. Nwabuogu (J) in Suit No: A/M/86/2021.
“On this Friday, the 27th day of June, 2025, upon reading the record of appeal herein and briefs of argument filed and exchanged by the parties in this appeal. And after hearing Amobi Nzelu Esq of Counsel for the Appellants and Ikechukwu D. Maduike Esq, for Counsel for the Respondent, it is hereby ordered that:
“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 N30,000,000.00 awarded as general and exemplary damages is reduced to N10,000,000.00 only,” the Appeal Court ruled.
BACKGROUND TO THE CASE
The case which commenced five years ago, in 2020, during the COVID-19 pandemic, followed when some FRSC officers stopped the Respondent/Applicant along Bende Road in Umuahia.
According to Ugochukwu; “It was a Saturday–one of the designated days during the COVID-19 lockdown when Governor Okezie Ikpeazu (as with other governors) allowed residents to go out and restock essentials.
“While it was expected that citizens would use this window to restock their homes, some FRSC officers saw it as an opportunity to ‘restock’; not their kitchens, but their pockets.
The FRSC officials checked my vehicle’s documents, safety items like the spare tyre and fire extinguisher, and confirmed everything was in order.
“When l was about to enter my car, one of the Officers asked me for “something” (money), and l told him that l was heading to the market and needed to withdraw cash from an ATM. At that moment, I had no cash on me. So, literally, I had no ‘something’ to give.
“Suddenly, they embarked on a second round of inspection; this time, ransacking my car. From that point, a new set of ‘offences’ emerged; ‘worn out tire or no spare tire’, they named it. From a casual ‘find me something’, I had suddenly become a traffic offender.
“Thereafter, the officer booked me a fine of N3,000 and retained my driver’s licence. I didn’t argue. I left. Perhaps, they assumed the man driving a Toyota Avalon was just another ‘Yahoo boy’ (internet fraudster) or maybe an ordinary Nigerian youth who is easily expendable and dispensable.
“I don’t look for trouble, but when I start, I mean business.
I had options, but chose the legal way to contribute and enrich the legal jurisprudence on the use of roads. I could have flashed my official ID card, and they would have responded with, ‘Doc, Doc; carry go; carry go.’
“I could have picked up my phone and called one of my former students in the State Executive Council or the State House of Assembly, the PPRO or even the then Commissioner of Police (CP Janet), doing it ‘the Nigerian way.’
“I could have easily paid the N3,000 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.
“I remembered the many youths whose vehicles, papers, and licences have been unlawfully confiscated by some abusive officers, who weaponise their uniforms against innocent youths contrary to the law.
“So, I decided to put myself through the crucible. I approached the High Court to enforce my fundamental rights.
“From the affidavit I submitted, they realised who they were dealing with. I received calls from well-meaning friends urging me to withdraw the case, but I refused.
“I wanted justice. The High Court gave judgment in my favour and awarded me N30 million in damages. On appeal, the Court upheld the judgment of the trial court, reduced the award to N10 million.
“But for me, it’s not about the money. It’s about the judicial precedent now established in FRSC, 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. 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, and l call on Nigerians to demand their properties seized by the agency,” Ugochukwu said.
