Court Strips FRSC of Powers to Operate on State, Local Government Roads

Court Strips FRSC of Powers to Operate on State, Local Government Roads

In a landmark judgment that could redefine the operational scope of the Federal Road Safety Corps (FRSC) across Nigeria, a Federal High Court in Kano has ruled that the agency has no legal authority to enforce traffic regulations on roads under the control of state and local governments. The ruling, delivered on Thursday, July 16, 2026, by Justice M. S. Shuaibu, declared that FRSC personnel acted unlawfully when they stopped, questioned, and delayed motorists on township roads within the Kano metropolis in July 2025. The court held that such actions constituted a violation of citizens’ fundamental rights to personal liberty and freedom of movement.

Delivering the judgment, Justice Shuaibu ruled that the FRSC’s enabling law restricts the corps’ operations to federal highways only, and does not extend its jurisdiction to roads owned and managed by state governments or local government councils. The judgment came in response to a fundamental rights enforcement suit filed by Abba Hikima, a Kano-based lawyer who was stopped by FRSC operatives at a checkpoint on a township road in July 2025. According to court documents, the operatives demanded to see his driver’s licence and questioned him despite the fact that he had committed no traffic offence. Dissatisfied with what he described as harassment and an abuse of power, Hikima approached the Federal High Court, arguing that the FRSC had overstepped its statutory mandate.

In his ruling, Justice Shuaibu held that the FRSC’s actions breached Section 35 (Right to Personal Liberty) and Section 41 (Right to Freedom of Movement) of the 1999 Constitution of the Federal Republic of Nigeria. The judge noted that stopping motorists without reasonable cause, detaining them for questioning, and demanding documents without lawful authority amounted to an infringement on the constitutional guarantees enjoyed by every Nigerian citizen.

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Consequently, Justice Shuaibu granted all the key reliefs sought by the applicant, including a perpetual injunction restraining FRSC officials and their agents from stopping, harassing, detaining, or interfering with motorists on Kano State roads without lawful authority. The court also directed the FRSC to publish a public apology to Mr. Abba Hikima in a national newspaper within a specified timeframe, and awarded ₦800,000 in damages and litigation costs in favour of the applicant, payable by the FRSC.

This Kano ruling is not the first judicial decision to limit the FRSC’s operational territory. In 2019, a Federal High Court in Warri delivered a similar judgment, restraining the corps from operating on state and local government roads and imposing a ₦10 million fine on the agency. That earlier ruling, delivered by Justice E. Nwite in Suit No. CA/AS/276/2019, has since become a legal precedent frequently cited by lawmakers and legal practitioners challenging the FRSC’s continued presence on non-federal roads. Most recently, in November 2024, a lawmaker in the Enugu State House of Assembly moved a motion to stop FRSC operations on state and local roads, explicitly referencing the 2019 Warri judgment as the legal basis for arguing that the corps’ actions were unauthorized and undermined state sovereignty.

The Kano judgment effectively reaffirms that the FRSC’s statutory powers, as derived from its enabling Act, are confined to federal trunk roads. For motorists on state and local government roads, this means they cannot be lawfully stopped or fined by FRSC officers. For state governments, the ruling provides a legal foundation to restrict or prohibit FRSC operations within their territories. For the FRSC itself, the judgment may compel a re-evaluation of its enforcement strategies, requiring the corps to focus its resources strictly on federal highways. However, legal experts have noted that the FRSC has previously appealed similar rulings, and it remains to be seen whether the corps will challenge this latest judgment at the Court of Appeal.

According to the court records, the legal battle began in July 2025 when FRSC operatives mounted checkpoints on several township roads across Kano State, stopping motorists indiscriminately and demanding driver’s licences and vehicle documents. Mr. Hikima, who was among those stopped, maintained that he had not committed any traffic violation. He argued that the FRSC officers had no legal basis to detain him or demand his documents, as the road in question was not a federal highway. The court agreed with his submissions, noting that the FRSC’s enabling law does not grant the corps jurisdiction over roads under the control of state or local governments.

Legal analysts have described the judgment as a victory for constitutionalism and rule of law, while also raising concerns about the potential for jurisdictional confusion on Nigerian roads. One Lagos-based constitutional lawyer, who spoke on condition of anonymity, said that the judgment reinforces the principle that statutory agencies must operate strictly within the bounds of their enabling laws, and that the FRSC cannot arrogate to itself powers that the law does not expressly grant. He however noted that this also creates a regulatory vacuum on state roads, which state governments must now fill with their own traffic management agencies.

While the judgment is binding, its practical implementation will depend on whether the FRSC decides to appeal. If the corps accepts the ruling, it will be required to cease all enforcement activities on non-federal roads in Kano State, publish the court-ordered apology, and pay the ₦800,000 damages awarded to Mr. Hikima. Should the FRSC appeal, the matter will proceed to the Court of Appeal, where a higher court will have the final say on the jurisdictional limits of the corps.

This ruling is expected to reignite a national conversation about the division of powers between the federal government and the state governments in regulating road traffic. With 36 states and the Federal Capital Territory (FCT) managing thousands of kilometres of roads, questions are emerging about who is responsible for traffic enforcement on these routes and whether state governments should establish or strengthen their own traffic agencies. Some states, including Lagos, already operate their own traffic management authorities, such as the Lagos State Traffic Management Authority (LASTMA) , while others rely heavily on the FRSC even on state-owned roads.