Hon. Clifford Obe, Member representing Igbo-Eze North Constituency II at Enugu State House of Assembly has moved a motion at the floor of the house, to stop Federal Road Safety Corps (FRSC) from carrying out her activities at the state and local government Owned roads.
On Thursday, 21st November, 2024, Hon. Obe moved motion to restrict FRSC from operating on State and local road. He cited what happened in Warri in 2019 and the ruling of the court which stated that FRSC has no right whatsoever to conduct it’s operations at State and local government Owned roads.
The motion reads;
“The Speaker,
Enugu State House of Assembly,
Sir,
MOTION ON NOTICE
A MOTION FOR URGENT INTERVENTION TO ADDRESS UNAUTHORIZED OPERATIONS BY FEDERAL ROAD SAFETY CORPS (FRSC) ON ENUGU STATE-OWNED ROADS
Mr. Speaker, my very distinguished Honourable Colleagues, the Federal Road Safety Corps (FRSC) was established by the Federal Road Safety Commission (Establishment) Act 2007 with the mandate to ensure road safety and enforce traffic regulations primarily on federal highways;
Whereas, it is noted that under the 1999 Constitution of the Federal Republic of Nigeria (as amended), Enugu State, as a federating entity, has the exclusive authority to regulate and manage roads within its territory, except those designated as federal roads.
Whereas, note also that the Federal Road Safety Corps (FRSC) lacks the statutory authority to conduct enforcement operations, arrest, or fine motorists solely within the boundaries of roads under the exclusive jurisdiction of the Enugu State Government.
Whereas, reports from constituents and stakeholders indicating that the FRSC has been conducting enforcement operations, making arrests, impounding vehicles, and imposing fines on roads solely owned and managed by the Enugu State Government; instances of such concerns are, operating point at the front of Federal Road Safety Corps. Command Office, Works Road, GRA Enugu, along Ugwogo – Opi Road by Military Check point, close to Opi Junction, etc. These unauthorized activities undermine the principles of federalism, disrupt state sovereignty, and lead to conflicts between state and federal authorities.
Whereas, a key judgment involving the Federal Road Safety Corps (FRSC) restricts the Corps’ authority to operate exclusively on federal roads. In 2019, the Federal High Court in Warri, presided over by Justice E. Nwite, delivered a judgement in favor of Darlington Ugo Ehikim, a member of the Nigerian Bar Association (NBA), Warri branch. The case number was CA/AS/276/2019. The court ruled that the Federal Road Safety Commission (FRSC) had no authority to operate or conduct activities on state and local government roads, restricting their operations solely to federal highways. The ruling included a restraining order and a fine of N10 million imposed on the FRSC.
Whereas, the FRSC appealed the decision, but in 2023, the Court of Appeal in Asaba upheld the lower court’s ruling, reinforcing that the FRSC is limited to federal roads. The ruling was seen as an affirmation of Nigeria’s federal structure, emphasizing that state and local road management falls outside federal oversight.
Whereas, that any acts of arrests, seizure of vehicles, or imposition of fines carried out by the Federal Road Safety Corps (FRSC), on roads owned and maintained by Enugu State are unconstitutional, and constitute an infringement on the rights of road users within the State.
Whereas, its the constitutional obligation of the Enugu State Ministry of Transport (MOT) personnels, Enugu State Traffic Management Agency (ESTMA) to take full responsibility for traffic regulations, road safety, enforcement and fine the road users offenders on State-owned roads.
Mr Speaker, distinguished Honourable Colleagues, it must be noted that this MOTION is not against Federal Road Safety Corps (FRSC) officers deployment to State-owned roads for special occasions, events, etc for traffic convenience but for other jurisdictional neglects and State revenue concerns.
Conclusively, this Motion seeks to address and prevent unauthorized enforcement actions by the Federal Road Safety Corps on roads under the jurisdiction of Enugu State. By reinforcing state authority and clarifying the legal boundaries of FRSC operations, and aims at protecting motorists from undue interference and uphold the principles of federalism and state autonomy.
Prayers:
- That this Honourable House urges the State Government through the Ministry of Transport to engage with the leadership of the Federal Road Safety Corps Command, Enugu to clearly delineate operational boundaries and further halt any enforcement activities on roads owned and managed by Enugu State.
- That this Honourable House urges the State Government through the Ministry of Transport to enhance the capacity of Enugu State Traffic Management Agency (ESTMA) to take full responsibility for traffic regulations, road safety, and enforcement on State-owned roads.
Be it moved and it is hereby moved.
Sponsor:
Hon. Clifford Nnaemeka Obe
Member Rep. Igbo-Eze North Constituency II Co-sponsors; - Rt. Hon. Iloabuchi Aniagu 2. Rt. Hon. Jane Chinwendu Eneh 3. Rt. Hon. Chima Obieze 4. Hon. Okechukwu Aneke 5. Hon. Magnus Edeh 6. Hon. Okechukwu Anthony Mbah 7. Hon. Williams Tochi Amuka 8. Hon. Solomon Onah 9. Hon. Anthony Nwankwo 10. Hon. Martins Ekwueme 11. Hon. Harrison Ogara 12. Hon. Ejike Jude Eze”
