By Douglas Ogbankwa Esq
On whether the Edo State Traffic Control and Management Agency Law, 2010 can lawfully vest authority on the Agency over the control of traffic along Sapele Road which is admitted to be a Federal highway, My Lord, the Hon Justice Efe Frances Ikpomwen, Judge of to the Edo State High Court (As She then was ), held in the case of *K.O. OBAMOGIE ESQ. VS. EDO STAT TRAFFIC MANAGEMENT AUTHORITY & 2 ORS Suit No. B/375/12 was delivered on Friday the 5th day of December 2014 as follows:
“The Defendants have admitted that the Sapele Road is a Federal Highway. By Chapter F.13, Federal High Ways Act 1971 Section (1) which provides thus:-
“Subject to the provisions of this Act all Federal Highways shall on the commencement of this Act, be under the Management direction and control of the Minister charged with responsibility for Roads*”.
With the above clear and unambiguous provisions, it is clear that the authority over and control of traffic along Sapele Road, Benin City which is admitted by the Defendants to be a Federal Highway cannot be within the purview and contemplation of the Edo State Traffic Control and Management Agency Law, 2010.
The charge emanating from a traffic offence purportedly committed on that road, and for which the Claimant was fined was ultra vires the Defendant’s powers.
There is no doubt that the drafters of the Edo State Law in question by including the Highways in Section 8 (n) and (o) without taking into cognizance the 1999 Constitution of the Federal Republic of Nigeria, apparently have misled the Defendants into assuming rights to implement the law over users of the Federal Highway. Section 28 of the Federal Highways Act clearly defines a Federal Highway.
I am also satisfied that by item 63 of Part I of the second schedule to the 1999 Constitution as amended, the issue of Traffic on Federal trunk roads is in the exclusive list. This invariably leads to the conclusion that the activities of the Defendants along Sapele Road, Benin City on 2/6/12 leading to the arrest and charge of the Claimant was illegal and outside their area of jurisdiction”.
Courtesy: Douglas Ogbankwa Esq., Convener, Security Situation Room.
