The Court of Appeal, Calabar Division, has dismissed the application filed by

an erring motorist, Michael Benson, Esq., in Akwa Ibom State challenging the authority of Federal Road Safety Corps to impound the vehicle and impose a fine.

Also Hon. Justice B.B. Aliyu, who delivered the judgement on Monday, June 26, 2023 in suit nos: CA/C/305/2017. Michael Benson Esq vs FRSC affirmed that FRSC has the power to impound the vehicle and impose a fine.

The appellant, Benson, who is also a lawyer in Uyo, was arrested by operatives of FRSC on patrol in 2017 for driver’s license, vehicle licence, and tyre violations

The operatives impounded his vehicle, a Toyota saloon car with registration nos: KTS 572, and placed a fine on him.

The appellant, however, took the FRSC to the Akwa Ibom State High Court in Uyo in suit no: HU/FHR. 21/2017, challenging its powers and right to impound his vehicle, and called for the enforcement of his fundamental human right. He also demanded to be awarded a sum of N10 million as damages.

The trial Judge, Justice Aniekan Akpan, dismissed the application for lacking merit, adding that FRSC has the constitutional powers to impound vehicles and fine any erring motorist.

Not pleased with the judgment of the lower court, Benson, however, approached the Court of Appeal to upturn the judgment, but he did not go in his favour

Justice Aliyu, who read the judgment on behalf of the panel, held that “FRSC has the powers to arrest, prosecute within the ambit of Law denoted to the commission. We affirmed the decision of the trial court and posit that the appeal was grossly incompetent.”

The court also dismissed the prayer that N10 million should be awarded to him as damages and instead awarded a cost of N50,000 against the appellant in favour of FRSC. (Daily Independent)

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