The Court of Appeal in Abuja stated on Monday that all roads in the Federal Capital Territory are owned by the Federal Government.
The appellate court also decided that the Federal Road Safety Corps can carry out its legal duties on all roads within Abuja.
The decision was made in response to an appeal by Igwe Ugochukwu against the FRSC, Dr. Lawal Akeem, and Dr. Isaac Nwokeukwu.
On March 9, 2021, Ugochukwu filed a lawsuit against the FRSC at the Federal High Court in Abuja after his car was confiscated for breaking traffic rules.
He stated that he was asked to park by the roadside, and the FRSC officers who stopped him requested his car documents.
He suspected that the officers were attempting to extort money from him, so he insisted on being taken to a traffic tribunal or another appropriate court to determine his guilt, which the officers agreed to.
Ugochukwu paid a fine and presented the receipt to the Zone 7 Office of the FRSC as instructed by the officers.
However, FRSC's lawyer, Precious Nwora, argued that by paying the fine, the appellant confirmed the FRSC's case that he had violated traffic regulations.
However, the lawsuit was dismissed by the trial judge, Justice A. I. Chikere.
Unhappy with the ruling, the appellant's attorney, Austine Ogezi, asked the appellate court to overturn the lower court's decision.
He also questioned the authority of the FRSC to operate on Shehu Shagari Way within the Federal Capital Territory, Abuja, where he was accused of breaking traffic rules.
In delivering the lead judgment, Justice Okon Abang stated that by paying the fine imposed by FRSC officers, the appellant waived his constitutional right to a fair hearing.
He noted, “By paying the fine for the mentioned offence, the appellant admitted to committing the offence. When there is an admission, no burden of proof is required.
“He relinquished his constitutional right to a fair hearing by paying the fine. The fact that the fine was paid under protest is irrelevant.
By choosing to pay the fine, the appellant opted not to stand trial.”
Justice Abang also affirmed that the roads in Abuja are owned by the Federal Government, and the FRSC has the authority to operate on these roads.
He stated, ” Simply claiming that Shehu Shagari Way is an internal road in the FCT is not enough and is irrelevant. The appellant failed to provide any legal document issued by a government agency.
“Sections 10, 3, 4, and 5 of the Federal Road Safety Commission Establishment Act give the FRSC the power to initiate criminal proceedings against individuals and to arrest and prosecute anyone suspected of committing traffic offences.
“The combined provisions of Section 299 of the constitution and Section 13(1) of the Federal Capital Territory apply to the FRSC, allowing it to operate on all roads in the FCT, including Shehu Shagari Way, which is owned by the Federal Government.”
