FRSC, the law, and Nigeria’s roads: Where authority ends and accountability begins

By Eja Manifest

Across Nigeria, road users regularly encounter officers of the Federal Road Safety Corps (FRSC) mounted at checkpoints, stopping vehicles, inspecting documents, and issuing penalties. From major highways to inner routes linking towns and communities, the presence of the Corps has become almost ubiquitous. While their role in promoting road safety is undisputed, a persistent legal and constitutional question remains unresolved in the public space: Where exactly does the FRSC have the authority to operate, and under what conditions does that authority apply?

This question is not merely academic. It speaks directly to the everyday experiences of motorists who increasingly complain of intimidation, excessive enforcement, and fines imposed on roads whose status as federal highways is, at best, unclear.

Understanding the Mandate of the FRSC

The Federal Road Safety Corps derives its powers from the FRSC (Establishment) Act, 2007. The Act assigns the Corps responsibilities including the prevention of road traffic crashes, enforcement of traffic regulations, clearing obstructions, and public education on road safety.

However, a close reading of the Act shows a recurring emphasis on federal highways. This distinction aligns with Nigeria’s constitutional structure, where governance and infrastructure responsibilities are shared among federal, state, and local governments. Roads are not an exception. They are categorized as federal, state, or local government roads, each falling under different administrative control.

The implication is simple but important: the FRSC is primarily a federal agency designed to operate on federal roads, except in clearly defined circumstances.

What the Courts Have Said

Nigeria’s courts have not been silent on this matter. In several cases decided by the Court of Appeal, the issue of jurisdiction and operational limits of federal agencies—including traffic enforcement bodies—has been examined.

In FRSC v. Obot (Court of Appeal) and similar cases, the courts emphasized that federal agencies must operate within the scope expressly provided by law, and that federal authority does not automatically extend to state-controlled spaces without constitutional or statutory backing.

Likewise, in Attorney-General of Lagos State v. Attorney-General of the Federation, although not directly about the FRSC, the Supreme Court reaffirmed a fundamental principle of federalism: that the federal government cannot encroach on areas constitutionally reserved for states unless the law clearly permits it. This principle has been widely applied in interpreting the limits of federal agencies’ operations across the country.

Legal analysts have consistently argued that while the FRSC may intervene anywhere in cases of emergency, accident response, or life-threatening situations, routine enforcement activities—such as checkpoints, document inspections, and fines—on state or local government roads raise serious legal concerns unless carried out in collaboration with state authorities.

The Reality on Nigerian Roads

Despite these legal interpretations, FRSC officers are frequently seen operating on roads that function primarily as state or local routes, including township roads, inter-community roads, and urban connectors. In many cases, motorists are unable to determine whether a road is federally designated or not, creating room for confusion and abuse.

Complaints from road users often center on:

Multiple checkpoints within short distances

Aggressive enforcement and intimidation

Heavy fines imposed without clear explanation

Duplication of duties already handled by state traffic agencies or the police

When enforcement begins to feel punitive rather than protective, public confidence erodes, and respect for road safety institutions declines.

Citizens’ Rights and Responsibilities

Obeying traffic laws is a civic duty. However, obedience does not require ignorance of the law. Nigerian motorists have the right to ask legitimate questions, including:

Under what authority an officer is operating on a particular road

Whether a road falls under federal jurisdiction

The legal basis for fines or sanctions imposed

A society governed by law must balance enforcement with accountability. When citizens are discouraged from understanding their rights, abuse flourishes.

Why This Matters for Road Safety

Ironically, overstepping legal boundaries can undermine the very goal the FRSC was created to achieve. Road safety depends on public trust, cooperation, and respect for lawful authority. When enforcement appears arbitrary or unlawful, drivers become resistant rather than compliant, and safety outcomes suffer.

Moreover, overlapping responsibilities among the FRSC, state traffic agencies, and the Nigeria Police Force create unnecessary tension and inefficiency on Nigerian roads.

The Way Forward

To restore clarity and confidence, several steps are necessary:

1. Clear Jurisdictional Guidelines
The federal government and the FRSC must clearly define and publicize the roads under federal jurisdiction, including signage where necessary.

2. Respect for Federalism
Routine enforcement on state and local roads should only occur through formal collaboration with state governments, not unilateral action.

3. Legal Education and Training
Continuous training for FRSC officers on constitutional limits and court rulings is essential to prevent institutional overreach.

4. Public Awareness
Motorists should be educated on their rights and obligations to reduce conflict and promote lawful compliance.

Conclusion

The Federal Road Safety Corps remains a critical institution in Nigeria’s quest to reduce road crashes and save lives. Yet, good intentions do not override the law. Authority must flow from the Constitution, enabling statutes, and judicial interpretation—not convenience or force.

A safer Nigeria is not achieved through unchecked enforcement, but through lawful authority, informed citizens, and accountable institutions. Knowing where enforcement begins—and where it must stop—is not a threat to road safety; it is its strongest foundation.