A major legal shift is underway for road safety enforcement in Nigeria after the Court of Appeal ruled that the Federal Road Safety Corps (FRSC) has no constitutional power to operate on state and local government roads.
The judgment, delivered by the Asaba Division of the Court of Appeal in suit No. CA/AS/276/2019: FRSC Vs Darlington Ugo Ehikim, affirmed an earlier decision of the Federal High Court in Warri. It effectively limits FRSC activities to federal highways across the country.
How the Case Started
The dispute began in 2017 when Darlington Ehikim, a lawyer and member of the Nigerian Bar Association Warri Branch, challenged the stoppage of his vehicle and seizure of his driver’s licence by FRSC officials along Ajamumogha Road in Warri.
He argued that the action violated his right to freedom of movement under Section 41 of the 1999 Constitution and that FRSC, as a federal agency, had no legal authority over township roads.
On January 25, 2019, Justice E. Nwite of the Federal High Court, Warri, ruled in his favor. The court declared that FRSC has no right to operate or carry out any activity on state and local government roads. It also issued restraining orders against the Commission and awarded ₦10 million in costs against FRSC.
Dissatisfied, FRSC appealed. But on Monday, a panel of the Court of Appeal in Asaba dismissed the appeal and upheld the trial court’s judgment.
What the Court Decided
The appellate court affirmed that the statutory powers of FRSC do not extend to streets or roads under state and local government jurisdiction. Plaintiff’s counsel, Mr. Kunle Edun, commended the decision, saying it re-emphasizes Nigeria’s federal structure. “By virtue of the Court of Appeal judgment, FRSC personnel who are on roads inside cities and towns except Federal highways, have no right to be there,” he said. He added that operations on such roads, which he described as mainly for extortion, are illegal.
The court’s position aligns with an earlier Court of Appeal precedent in FRSC v. Barr Oko Omono Obla (2010), which addressed the commission’s operational jurisdiction.
However, the judgment is not uniform for all areas. In a separate case involving Abuja, the Court of Appeal held that roads in the Federal Capital Territory, including Shehu Shagari Way, belong to the Federal Government, and FRSC can legally operate there.
FRSC Responds: We Will Appeal
The Corps Marshal, Dauda Ali Biu, said FRSC will seek a stay of execution and appeal the Asaba judgment. In a statement signed by FRSC spokesman Bisi Kazeem, the Corps expressed concern over the implications.“The implication of the said judgement is that our personnel would not be able to attend or rescue crash victims on roads other than federal roads”.Kazeem noted that as of the time of the statement, FRSC had not yet obtained a Certified True Copy of the judgment, but would review it before taking further legal steps. “Until then, we urge the public to remain calm”.
The Corps also referenced Sections 10, 3, 4 and 5 of the FRSC Establishment Act 2007, arguing that the law gives it power to operate on all public highways for the safety of all road users.
Why This Matters for Road Safety
Nigeria operates a three-tier road system: federal, state, and local government roads. Federal roads include highways linking states and major economic corridors. State and LG roads cover intra-city streets, township roads, and rural routes where most daily commuting happens.
If fully enforced, the ruling means FRSC officials will be restricted from mounting checkpoints, conducting patrols, or enforcing traffic laws within cities and towns, except on designated federal highways.
Legal experts say the judgment reinforces constitutional federalism. “The judgment is a re-emphasization of the federal structure of the country because the FRSC being a federal agency should only concern itself with federal roads”.But it also raises practical questions. Most road crashes occur on state and urban roads. FRSC itself warned that restricting its mandate could limit emergency response and rescue operations outside federal highways.
What States and LGs Must Do Next
With FRSC barred, responsibility for traffic management, accident rescue, and enforcement on state and LG roads will fall more heavily on state traffic agencies, the Nigeria Police, and local authorities.Some states already have their own traffic management corps, but capacity and equipment vary widely. Road safety advocates argue that this is the moment for states to strengthen their own agencies, invest in rescue services, and harmonize laws with FRSC standards to avoid a safety gap.
The ₦10 million cost awarded against FRSC at the trial court also signals that courts are willing to hold federal agencies accountable for overreach.
The Road Ahead
For now, the Asaba judgment stands, but the legal battle is not over. FRSC has signaled its intention to challenge the decision at a higher court.Until a final determination is made, motorists and stakeholders are in a period of uncertainty. FRSC has asked the public to remain calm while it seeks legal advice.The case has reignited debate about the balance of powers in Nigeria’s federation, the scope of federal agencies, and who should police the roads Nigerians use every day.
Whether the Supreme Court will uphold or overturn the restriction remains to be seen. But for the moment, the line is clear: FRSC’s jurisdiction, according to the Court of Appeal, ends where federal highways end.
