Appeal Court upholds my case, orders FRSC to pay me N10 million – Dr Emmanuel Shebbs

Appeal Court upholds my case, orders FRSC to pay me N10 million – Dr Emmanuel Shebbs

After five years of legal battle, I have secured another victory. The Court of Appeal has upheld the judgment of the High Court in my favour and awarded me ₦10 million in damages against the Federal Road Safety Corps (FRSC).

Facts of the Case

FRSC officers stopped me along Bende Road in Umuahia. 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.

They checked my vehicle documents, safety items like the spare tyre and fire extinguisher and confirmed everything was in order.

However, one officer asked me for “something.” I explained that I 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. So funny!

The officer retained my licence and asked for ₦3,000 fine. I didn’t argue. I left.

Perhaps they assumed the man driving a Toyota Avalon was just another “Yahoo boy” 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

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 in 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 ₦3,000 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 weaponize their uniforms against innocent youths contrary to the law.

So, I decided to put myself through the crucible.

The Litigation

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 ₦30 million in damages. On appeal the Court upheld the judgment of trial court, reduced the award to ₦10 million.

But for me, it’s not about the money.

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.

I will make the Certified True Copy (CTC) of the judgment available to my lawyer friends who may need it for similar human rights cases. This is my humble contribution to the development of Human Rights Law in Nigeria.

Going Forward
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.

Go and demand for your properties from Road Safety.

I applaud the High Court and Court of Appeal for this revolutionary and legendary judgement.

I thank my legal team led by Mr. Madike, Esq. I thank my friends Augustine Iheanacho Okechukwu and Solomon Oguh who have been very supportive all through the process. I thank my law colleagues Inibehe Umah, Benjamin Ifeanyi Apugo, Donatus Egbu, Clinton Emmanuel etc who gave me the emotional and moral encouragement that justice must achieved.

There is hope in the Nigerian judiciary if only you do the right thing and follow the pathways provided by the law.

Dr. Emmanuel Shebb