Court of Appeal affirms federal ownership of Abuja roads, FRSC’s authority

The Court of Appeal in Abuja has unequivocally stated that all roads in the Federal Capital Territory (FCT) are the property of the Federal Government of Nigeria.

Furthermore, the court upheld the Federal Road Safety Commission’s (FRSC) authority to carry out its constitutional responsibilities on these roads, dismissing any claims to the contrary.

This decision followed an appeal filed by Abuja-based lawyer Igwe Ugochukwu against the FRSC, Dr. Lawal Akeem, and Dr. Isaac Nwokeukwu.

Ugochukwu’s appeal arose from an incident in which his vehicle was seized for traffic violations, resulting in a legal dispute.

During the proceedings, Ugochukwu claimed that the FRSC lacked jurisdiction to operate on certain roads in the FCT, including Shehu Shagari Way, where the alleged violation occurred.

However, the court ruled otherwise, emphasising that all roads in Abuja are under federal jurisdiction.

The presiding judge, Justice Okon Abang, stated that by paying the FRSC fine, Ugochukwu effectively admitted guilt and waived his right to a fair hearing.

“Appellant, having paid the fine for the offence stated on the offence sheet, admitted to committing the offence. Where there is admission, there is no burden of proof needed.

“He waived his constitutional right to a fair hearing by paying the fine. It is immaterial that the fine was paid in protest.

“Having elected to pay the fine, the appellant opted not to be tried.”

Furthermore, Justice Abang confirmed the FRSC’s authority to enforce traffic laws and conduct criminal proceedings on Abuja’s roads, citing relevant legal provisions.

“Mere assertion that Shehu Shagari way in an internal way in the FCT is an internal road is not sufficient and immaterial. The fact that the first respondent did not contravene the assertion is also not sufficient. The burden is on the appellant to prove that Shehu Shagari way does not belong to the FG. The appellant failed to provide any legal instrument issued by an agency of government.

“Sections 10, 3, 4, and 5 of the Federal Road Safety Commission Establishment Act confer power on FRSC criminal proceedings, against any person and to arrest and prosecute anyone suspected to have committed a traffic offence.

“The combined provisions of Section 299 of the constitution as amended and Section 13(1) of the Federal Capital Territory apply to the FRSC to operate on all roads in the FCT.”

The court’s decision reinforces the Federal Government’s control over infrastructure in the FCT and the FRSC’s mandate to ensure road safety throughout Abuja.