The power of the Federal Road Safety Corps (FRSC) to impound vehicles and impose fines on motorists has been affirmed by the Court of Appeal in Calabar.

The case involved Michael Benson, a lawyer from Uyo, who was arrested by FRSC operatives in 2017 for violations including driver’s license, vehicle license, and tire regulations.

As a result of the violations, Benson’s Toyota saloon car was impounded, and he was issued a fine. Dissatisfied with the actions of the FRSC, Benson filed a lawsuit (suit No. HU/FHR 21/2017) at the Akwa Ibom State High Court in Uyo. He challenged the FRSC’s authority to impound his vehicle and sought the enforcement of his fundamental human rights. Furthermore, he demanded N10 million as damages.

However, Justice Aniekan Akpan, the trial judge, dismissed Benson’s application on the grounds of lacking merit. The judge pointed out that the FRSC possesses the power, as stipulated by the Constitution, to impound vehicles and impose fines on erring motorists. Unfazed by the ruling, Benson proceeded to the Court of Appeal in an attempt to overturn the decision of the lower court.

On Monday, June 26, 2023, the three-man panel of justices comprising R. C. Agbo, M. B. Barka, and B. B. Aliyu delivered their judgment (suit No. CA/C/305/2017, Michael Benson Esq. vs FRSC), upholding the ruling of the Akwa Ibom High Court. Consequently, the authority of the FRSC to impound vehicles and impose fines on motorists has been reaffirmed by the Court of Appeal.

Justice Aliyu, who read the judgement on behalf of the panel, ruled: “FRSC has the powers to arrest and prosecute within the ambit of law denoted to the commission. We affirm the decision of the trial court and posit that the appeal was grossly incompetent.”

Furthermore, the court rejected Benson’s request for N10 million in damages and instead imposed a cost of N50,000 on the appellant in favor of the FRSC.