The Federal Road Safety Corps (FRSC) is a federal agency established with the mandate to ensure the safety of road users across Nigeria. However, a significant point of contention arises concerning the specific jurisdictions within which the FRSC can legally operate. The Court of Appeal in the case of FRSC v. EHIKAAM (2023) LPELR-60749(CA), held that, the FRSC is only authorized to patrol and enforce traffic regulations primarily on federal highways (roads). Their presence on state roads, particularly within cities and towns that do not constitute federal highways, is generally deemed unauthorized and illegal.
Hence, FRSC personnel operating on state roads within cities and towns have raised concerns about the legality of such operations. Many Nigerians have reported seeing FRSC officers conducting checks and enforcing traffic rules in areas that are not designated as federal highways. These activities, while aimed at enhancing road safety, are technically beyond the scope of the FRSC’s authorized jurisdiction. As such, any operations by the FRSC on state roads are not legally sanctioned and can be considered an overreach of their mandate. Therefore, any attempt by FRSC officers to stop or fine motorists on state roads is beyond their legal authority
However, one of the primary challenges faced by Nigerian road users is distinguishing between state and federal roads. To assist my readers, Federal roads are typically major roads that connect states and are often designated as “expressways” or “highways” in official nomenclature. While state roads, on the other hand, are those that run within the boundaries of a particular state or city. Please note that Federal Roads can also be within the boundaries of a state but must lead to connect another state.
In conclusion, while the FRSC plays a vital role in maintaining road safety across Nigeria, its jurisdiction is confined to federal roads. The presence of FRSC personnel on state roads is not only unauthorized but also raises legal questions about their enforcement actions in these areas.
Written by Solomon Agbator
LLB, BL, LLM (PhD in View)
