A BILL FOR AN ACT TO REPEAL THE FEDERAL ROADS MAINTENANCE AGENCY (ESTABLISHMENT, ETC.

) ACT, 2002 (AS

AMENDED), THE FEDERAL HIGHWAYS ACT 1971 AND THE CONTROL OF ADVERTISEMENT (FEDERAL HIGHWAYS) ACT 1986
AND TO ESTABLISH THE FEDERAL ROADS AUTHORITY TO PROVIDE FOR THE OWNERSHIP, REGULATION, MANAGEMENT
AND DEVELOPMENT OF THE FEDERAL ROADS NETWORK AND FOR OTHER MATTERS CONNECTED THEREWITH (SB.219)

Extant Acts: PROPOSED BILL COMMITTEE RECOMMENDATION REMARKS

1. The Federal Roads Maintenance

Agency (Establishment etc.) Act, 2002;

2. Federal Roads Maintenance Agency

(Amendment, etc.) Act, 2007;

3. Federal Highways Act 1971.

FEDERAL ROADS MAINTENANCE Part I – Objectives PART I OBJECTIVES AND

AGENCY (ESTABLISHMENT, ETC) ACT,
2002 ACT No.7 AN ACT TO ESTABLISH
THE FEDERAL ROADS MAINTENANCE
AGENCY AND FOR MATTERS 1. The objectives of this Act are
CONNECTED THEREWITH
[30th November, 2002]
to:
(a) establish the Federal Roads
Authority to perform the functions
set out in accordance with the
provisions of this Act;
APPLICATION
Objectives
1. The objectives of this Act are to -
(a) establish the Federal Roads
Authority to perform the functions
set out in accordance with the

1
ENACTED by the National Assembly of provisions of this Act;
the Federal Republic of Nigeria- (b) manage the Federal Roads
Network so that it is safe and (b) manage the Federal Roads
PART I-ESTABLISHMENT OF THE efficient, with a view to meeting Network so that it is safe and
FEDERAL ROADS MAINTENANCE the socio-economic demands of efficient, with a view to meeting the
AGENCY the country; socio-economic demands of the
Establishment of the Agency and nation
location of its headquarters and (c) promote the sustainable . (c) promote the sustainable development
operational offices. development and operation of the and operation of the road sector; and
1.(1) There is established an agency to be road sector; and
known as the Federal Roads (d) facilitate the development of
Maintenance Agency (in this Act referred (d) facilitate the development of competitive markets and the
to as "the Agency") competitive markets and the promotion of enabling environment
promotion of enabling for Private Sector Participation in
(2) The Agency- environment for private sector the development, financing,
(a) shall be a body corporate with participation in the financing, maintenance, management and
perpetual succession and a common seal; maintenance and improvement of improvement of roads in Nigeria.
and roads in Nigeria.
(b) may sue and be sued in its corporate Part II - Establishment Of Federal (e) provide for the regulation of the
name. Roads Authority. road sector by an independent
regulator
(3) The Agency Headquarters shall be
located in the Federal Capital Territory,
Abuja.

2
(4) The Agency shall maintain
Operational Offices in each State of the
Federation, which shall establish road
camps for proper monitoring and
maintenance of all federal roads.
Establishment of Governing Board.
2. (1) There shall be established for the
Agency a Governing Board which shall be
responsible for the running of the affairs
of the Agency (herein after referred to as
"the Board").
(2) The Board shall consist of-
( a) a Chairman;
(b) a representative of the Federal
Ministry of Works and Housing;
(c) representative of the Federal Ministry
of Finance ;.
(d) a representative of the Federal
Ministry of Transport ;
(e) a Civil Engineer of at least ten (10)
years cognate experience and duly
registered with COREN;
Part II - Establishment Of Federal Application
Roads Authority
2. -(1) There is established a body 2. The provisions of this Act shall
to be known as the Federal Roads apply to the development, funding,
Authority (in this Act referred to as management and administration of
the “Authority”). Federal Roads in Nigeria.
(2) The Authority shall be a body
corporate:
(a) with perpetual succession and
a common seal;
(a) may sue or be sued in its
corporate name; and
(b) may own, hold or dispose of
property whether movable or
immovable.
(3) The Headquarters of the
Authority shall be situated in the
Federal Capital Territory, Abuja
3
(f) a representative of the National Road
Transport Owners Association;
(g) representative of the Federal Roads
Safety Corps;
(h) one member from each of the six geo-
political zones; and
(i) the Managing Director of the Agency.
and the Authority may establish
and maintain operational offices
and base camps in other parts of
the Federation for the purpose of
the management of Federal roads.

(3) Members of the Board shall be

appointed by the President on the
recommendation of the Minister in
charge of Highways and shall be persons
of proven integrity and ability.

(4) A minimumof2 members shall be

appointed from each of the 6 geo-
political zones of the Country
(5) A minimum of2 women shall be
appointed into the Board.

Power of the Board. PART II - ESTABLISHMENT OF

3.-(1) The Board shall have power to- FEDERAL ROADS AUTHORITY

Establishment of the Federal

4
(a) provide the general policies and
guidelines relating to the programmes of
the Agency;
(b) manage and superintend jhe affairs of
the Agency;
(c) subject to the provisions of this Act,
make, alter and revoke rules and
regulations for carrying on the functions
of the Agency;
(d) fix terms and conditions of service,
including remuneration of the employees
of the Agency ; and
(e) do such other things which in the
opinion of the Board are necessary to
ensure the efficient performance of the
functions of the Agency.
Schedule.
(2) The Supplementary provisions set out
in the Schedule to this Act shall have
effect with respect to the proceedings of
the Board and the other matters
contained therein.
Roads Authority
3. -(1) There is established for the
Authority a Governing Board (in 3. (1) There is established a body to
this Act referred to as 'the Board') be known as the Federal Roads
which shall be responsible for Authority (in this Act referred to as
policy formulation for the the “Authority”) which shall be
Authority and superintending over responsible for the asset
the affairs of the Authority. management and works
(2) The Board shall consist of the (development, rehabilitation,
following members: maintenance and road safety works)
(a) a non - Executive Chairman; on Federal Roads in Nigeria.
(b) four persons from the private
sector with cognate experience in (2) The Authority shall be a body
the road sector; corporate –
(c) one representative each of the
following Ministries and Agencies (a) with perpetual succession and a
not below the rank of a Deputy common seal;
Director:
(b) may sue or be sued in its
(i) Federal Ministry responsible for
corporate name;
Roads;
(ii) Federal Ministry of Transport; (c) and may own, hold or dispose of
(iii) Federal Ministry in-charge of property whether movable or
Lands; immovable.
5

Tenure of Office, etc.
4. The Chairman and other members of
the Board, other than ex-officio members
shall hold office-
(a) for a term of 4 years and may be re-
appointed for a further term of 4 years
and no more; and
(iv) Federal Ministry of
Environment;
(v) Federal Ministry of Finance;
(vi) Federal Road Safety Corps;
(vii) Nigerian Society of Engineers;
and
(viii) National Planning
Commission; and
(d) the Managing Director of the
Authority
(3) The Authority's Board shall be
responsible to the Minister.
(4) The Supplementary Provisions
set out in the Schedule I to this Act
shall have effect with respect to
the proceedings of the Board and
other matters contained therein.
4.-(1) The Chairman and other
members of the Board, other than
the Managing Director, shall be
appointed on part time basis by
(3) The Headquarters of the
Authority shall be situated in the
Federal Capital Territory, Abuja and
the Authority may establish and
maintain operational offices and
base camps in other parts of the
Federation for the purpose of the
management of Federal Roads.
Governing Board of the Authority
4. (1) There is established for the
Authority a Governing Board (in this
Act referred to as „the Board‟)
which shall be responsible for policy
formulation for the Authority and

6
(b) on such terms and conditions as may the President on the
be specified in their letters of recommendation of the Minister.
appointments.
(2) The Chairman and members
of the Board, other than the
Managing Director, shall be
persons of proven integrity,
recognized expert knowledge,
qualification and with not less than
fifteen years cognate experience
in one or more of the following
fields:
(a) civil engineering or other
relevant engineering disciplines;
(b) construction management;
(c) law;
(d) finance;
(e) accounts; and
(f) economics
7
superintending over the affairs of
the Authority.
(2) The Board shall consist of the
following members –
(a) a non - executive Chairman who
shall be appointed from the private
sector;
(b) six (6) non-executive members
from the private sector who shall
possess professional experience
relevant to the sector, with one
person to be selected from each of
the six geo-political zones; 

(c) one (1) representative each of
the following Ministries and
Agencies not below the rank of a
Deputy Director –
(i) the Federal Ministry responsible
 for Roads;

(ii) Federal Ministry of Finance;

(iii) Federal Road Safety

Commission;

(iv) Nigerian Society of Engineers

and the Nigerian Institution of
Highway and Transportation
Engineers jointly; and

(d) the Managing Director of the

Authority appointed under the
provisions of section 10 of this Act;

(e) two (2) Executive Directors of

the Authority appointed under
provisions of section 
10 of this Act.

(3) The Authority‟s Board shall be

responsible to the Minister
responsible for roads.

8

Removal from Office, etc.
5.-(1) Notwithstanding the provisions of
Section 4 of this Act, a member may at
any time be removed from office by the
President of the Federal Republic of
Nigeria on the occurrence of any of the
following-
(a) he becomes bankrupt;
(b) he is convicted for a felony or any
offence involving dishonesty or fraud;
(c) he becomes of unsound mind or is
incapable of carrying out his duties;
(d) he is guilty of a serious misconduct in
relation to his duties ; or
(e) in the case of a person possessed of
professional qualification, he is
disqualified or suspended, other than at
his own request, from practicing his
5. -(1) A member of the Board,
other than the Managing Director,
shall hold office:
(a) for a term of four years in the
first instance and may be
reappointed for a further term of
four years and no more, and
(b) on such terms and conditions
as may be specified in the letter of
appointment.
(2) A person shall cease to hold
office as a member of the Board
where:
(a) he becomes bankrupt;
9
(4) The Supplementary Provisions
set out in the Schedule I to this Act
shall have effect with respect to the
proceedings of the Board and other
matters contained therein.
Appointment and Qualification of
a Board Member
5. (1) The Chairman and other
members of the Board, other than
the Managing Director and the two
executive Directors, shall be non-
executive and appointed on part-
time basis by the President on the
recommendation of the Minister.
(2) The Chairman and members of
the Board, other than the Managing
Director and the two executive
Directors, shall be persons of proven
integrity, recognized expert
knowledge,
profession in any part of the world by any (b) he is convicted of a felony or (3) requisite qualification and with
order of a competent authority made in any offence involving dishonesty not less than ten (10) years cognate
respect of that member. or fraud; professional experience in one or
(c) he becomes of unsound mind more of the following fields –
(2) A member of the Board may resign his or is incapable of carrying out his
appointment by a notice in writing under duties; (a) civil engineering or other
his hand, addressed to the President and (d) he is guilty of a serious relevant engineering disciplines;
that member shall, on the date of the misconduct in relation to his (b) construction management;
receipt of the notice by the President duties;
ofthe Federal Republic of Nigeria cease to (e) he possesses professional (c) infrastructure asset
be a member ofthe Board. qualification and is disqualified or management;
suspended from practicing his
(3) Where a member of the Board ceases profession in any part of the world (d) transport management
to hold office for any reason whatsoever, by an order of a competent technology;
before the expiration of the term for authority;
(e) infrastructure financing;
which he is appointed, another person (f) he resigns his appointment by a
representing the same interest as that letter addressed to the President (f) corporate management;
member shall be appointed to the Board through the Minister
for the unexpired term. responsible for Roads; (g) law;
(g) the President is satisfied that it
(4) A member of the Board may be is not in the interest of the (h) finance;
removed by the President if he is satisfied Authority or of the public for the (i) accountancy; or
that it is not in the interest of the Agency person appointed to continue in
or the interest of the public that the office; or

10
member continues in office. (h) in the case of an ex-officio (j) economics.
member, he ceases to hold the
office on the basis of which he A person shall not be a member of
became a member of the Board. the Governing Board of the
Authority if he is already a member
of the Governing Board of the
National Roads Fund established
under the National Roads Fund Act.

Emolument direct etc. Tenure and Removal from Office of

6. Members of the Board shall be paid
such allowances as the Government may
from time to time.
6. For the purpose of achieving
the objectives of the Authority, the
Board shall provide policy
guidelines for the effective
discharge of the duties of the
Management of the Authority in
the provision of an efficient and
safe network of Federal Roads and
ensure harmonious professional
and working relationships
between the management of the
Authority and the Ministry.
a Board Member
6. (1) A member of the Board, other
than the Managing Director and the
two (2) executive Directors, shall
hold office –
(a) for a term of five (5) years in the
first instance and may be
reappointed for a further term of
five (5) years and no more; and
(b) on such terms and conditions as
may be specified in the letter of

11
 appointment.

(2) A person shall cease to hold

office as a member of the Board
where –

(a) he becomes bankrupt;

(b) he is convicted of a felony or any

offence involving dishonesty or
fraud;

(c) he becomes of unsound mind or

is incapable of carrying out his
duties;

(d) he is guilty of a serious

misconduct in relation to his duties;

(e) he is disqualified or suspended

from practicing his profession in any
part of the world by an order of a
competent authority;

12

PART II - FUNCTIONS AND POWERS OF
THE AGENCY
Functions of the Agency.
7. The Agency shall ensure the efficient
and effective maintenance of all existing
Federal trunk roads or such other roads
as may be declared, from time to time, as
Federal trunk roads by the National
7. Where a member of the Board
ceases to hold office for any
reason whatsoever before the
expiration of the term for which he
is appointed, another person
representing the same interest as
13
(f) he resigns his appointment by a
letter addressed to the President
through the Minister responsible for
Roads;
(g) the President is satisfied that it
is not in the interest of the Authority
or of the public for the person
appointed to continue in office; or
(h) in the case of an ex – officio
member, he ceases to hold the
office on the basis of 
which he
became a member of the Board.
Functions of the Board
7. The Board shall have overall
control of the Authority and serve
the purpose of ensuring good
corporate governance and achieving
the objectives of the Authority,
including providing guidelines for
the implementation of government
Assembly. that member shall be appointed to policy, performance monitoring,
the Board for the unexpired term. develop and approve organizational
processes, schemes of service and
regulations and approve
appointments for the effective
discharge of the functions of the
Authority under this Act and ensure
harmonious professional and
working relationships between the
management of the Authority and
the Ministry or any other relevant
agency.

Powers of the Agency. Cessation of Office

8. Without prejudice to the generality of
the following, the Agency shall-
(a) enter into road concession contracts
for the purpose of executing relevant
projects;
(b) set guidelines for the working of
concessions contract;
(c) plan and manage the development
and implementation of the road safety
standards;
8. The Chairman and members of
the Board shall be paid such
allowances or incidental expenses
as the Government, may from
time to time approve, in
accordance with existing laws and
regulations.
8. Where a member of the Board
ceases to hold office for any reason
whatsoever before the expiration of
the term for which he is appointed,
another person representing the
same interest or basis for the
appointment of the member ceasing
office shall be appointed to the

14
(d) plan and develop strategies towards Board for the unexpired term.
ensuring efficient and effective
movement of traffic on the Federal trunk
roads and ensure their implementation;
(e) make policy recommendations to the
Federal Government on matters relating
to the maintenance of Federal trunk
roads; and
(j) carry out such other activities as
appear to it necessary or expedient for
the full and efficient discharge of its
functions under this Act.

PART III -STAFF OF THE AGENCY Part III - Staff Of The Authority Emoluments
9. -(1) The Managing Director shall
Appointment and duties, etc. of the be appointed by the President, on 9. The Chairman and members of
Managing Director. the recommendation of the the Board shall be paid such
9.-( 1) There shall be for the Agency, a Minister. allowances or incidental expenses
Managing Director who shall be (2) The Managing Director shall as the Government, may from time
appointed by the President of the Federal be: to time approve, in accordance with
Republic of Nigeria, on the (a) the chief executive and existing laws and regulations.
recommendation of the Minister in accounting officer of the
charge of Highways. Authority;

15
(2) The Managing Director shall be the
Chief Executive and Accounting Officer of
the Agency and be responsible for the
execution of the policy and the day-to-
day administration of the affairs of the
Agency.
(3) The Managing Director shall hold
office-
(a) for a term of 4 years in the first
instance and may be re-appointed for a
further term of 4 years and no more; and
(b) on such terms and conditions as may
be specified in the letter of appointment.
(4) The Managing Director may resign his
appointment by a notice in writing under
his hand, addressed to the President
through the Board.
(b) responsible for the day-to-day
administration of the Authority;
(c) appointed for a term of four
years in the first instance and may
be re-appointed for a further term
of four years and no more; and
(d) a person who possesses a
degree in Civil Engineering or
other relevant engineering
discipline, land survey and
construction management with
not less than 20 years professional
experience.
(a) The Managing Director may be
suspended or removed from office
by the President if he: has
demonstrated inability to
effectively perform the duties of
his office;
(b) has been absent from five
consecutive meetings of the Board
without the consent of the
Chairman, unless he shows good
reason for such absence;
16

Appointment and Duties of the
Secretary.
10. The Board shall appoint for the
Agency a Secretary who shall-
(a) be a legal practitioner and is so
qualified to practice for a period of not
less than 10 years ;
(c) is guilty of serious misconduct
in relation to his duties as
Managing Director;
(d) possesses professional
qualifications, he is disqualified or
suspended from practicing his
profession in any part of the world
by an order of a competent
authority; or
(e) Is incapable of carrying out the
functions of his office either arising
from infirmity of mind or body.
(3) The Managing Director shall
not be removed from office except
in accordance with the provisions
of this Act
PART III -TAFF OF THE AUTHORITY
10.- (1) The Board shall appoint a 10. Appointment of the Managing
Secretary to keep the corporate Director and Executive Directors
records of the Authority and
undertake such other functions as (1) There shall be appointed for the
the Board may from time to time Authority, a Managing Director to
direct. be appointed by the President on
17
(b) keep the records and conduct the
correspondences of the Agency; and
(c) perform such other functions as the
Board or the Managing Director may
direct.
(2) The Secretary shall possess
adequate professional
qualifications, skills and
experience as a legal practitioner
with not less than 10 years
cognate experience.
(3) The Authority shall employ
such other number of persons as it
considers necessary for the
exercise of its powers and
performance of its functions under
this Act.
(4) The Board shall determine the
terms and conditions of service of
the members of staff of the
Authority and shall in consultation
with the National Salaries,
Incomes and Wages Commission,
review the remuneration and
allowances payable to the
employees of the Authority, from
time to time.
18
the recommendation of the
Minister
(2) The Managing Director shall be –
(a) the chief executive and
accounting officer of the Authority;
(b) responsible for the day-to-day
administration of the Authority;
(c) responsible for the supervision of
all other employees of the Authority
and subject to such restrictions as
the Board may impose, for disposing
all questions relating to the service
of the employees, their pay,
allowances and privileges;
(d) responsible for matters
concerning the accounts and
records of the Authority;
(e) appointed for a term of four (4)
years in the first instance and may
be re-appointed for a further term
 of four (4) years and no more; and

(f) a person who possesses

adequate professional
qualifications, skills and experience
with a minimum of a degree in Civil
Engineering and registered by
C.O.R.E.N. to practice as an engineer
with not less than twenty (20) years
cognate professional experience.

(3) An Executive Director shall be –

There shall be appointed for the

Authority, two (2) Executive
Directors to assist the Managing
Director in the performance of his
functions under this Act.

(a) appointed on such terms and

conditions, as may be specified in his
letter of appointment for a term of
four (4) years in the first instance
and may be re- appointed for a
further term of four (4) years and no

19
 more;

(b) responsible to the Managing

Director and perform such functions
as may, from time to time, be
assigned to him by the Managing
Director and the Board;

(c) a person who possesses

adequate professional
qualifications, skills and experience
with a minimum of a degree in Civil
Engineering and registered by
C.O.R.E.N. to practice as an engineer
with not less than fifteen (15) years
cognate professional experience.

Other employees of the Agency. Removal of Managing Director or

11. The Board shall appoint, for the Executive Director
Agency, such officers and other 11. -(1) Service in the Authority is
employees as it may, from time to time, pensionable under the Pension 11. (1) The Managing Director or an
deem necessary. Reform Act and accordingly, Executive Director may be
officers and other persons suspended or removed from office
employed in the authority shall be 
by the President if he –
entitled to pension and other

20
retirement benefits in respect of
their service in the Authority as
prescribed in that Act.
(2) Notwithstanding the provisions
of sub-section (1) of this section,
nothing in this Act shall prevent
the appointment of a person to
any office on terms which preclude
a grant of a pension or other
retirement benefits in respect of
that office.
(3) For the purposes of the
application of the provisions of the
Pensions Reform Act, any power
exercisable by the Minister or
other authority of the Government
of the Federation, other than the
power to make regulations under
the Pensions Reform Act, is hereby
vested in and shall be exercisable
by the Authority and not by any
other person or authority.
21
(a) has demonstrated inability to
effectively perform the duties of his
office;
(b) has been absent from five
consecutive meetings of the Board
without the consent of the
Chairman, unless he shows good
reason for such absence;
(c) is guilty of serious misconduct in
relation to his duties;
(d) is disqualified or suspended
from practicing his profession in any
part of the world by an order of a
competent authority; or
(e) is incapable of carrying out the
functions of his office either arising
from infirmity of mind or body .
(2) The Managing Director or
Executive Director shall not be
removed from office under the
 provision of sub-section (1) of this
section, unless the Minister has duly
served on the Managing Director or
an Executive Director a prior written
notification of the intention to
suspend or remove him from office
and the reasons for such suspension
or removal.

(3) The Managing Director or

Executive Director shall, upon
receipt of the notice referred to in
sub-section (2) of this section, be
given an opportunity to make
written submissions to the Minister
within fourteen days from the date
of the receipt of the notice.

(4) The Minister shall upon the

receipt of the submission referred
to in sub-section (3) of this section,
if any such submission is made,
provide the Board the opportunity
to make a recommendation on the

22

Appointment and Secondment from
Public Service.
12.-(1) Notwithstanding the provisions of
sections 10 and 11, the Board, shall have
power to. appoint for the Agency either
directly or on secondment from any
public service in the Federation, such
number of employees as may, in the
Part IV - Functions And Powers Of
The Authority
12. The Authority shall:
(a) manage federal road assets in
accordance with the provisions of
this Act;
(b) ensure the efficient and
effective construction,
23
matter of the suspension or removal
of the Managing Director or
Executive Director which the
Minister shall take into
consideration before taking a
decision on whether or not to
recommend the suspension or
removal from office to the
President. 

(5) The Managing Director and
Executive Directors shall not be
removed from office except in
accordance with the provisions of
this Act.
Secretary and Other Staff of the
Authority
12. (1) The Board shall appoint a
Secretary who shall be the head of
the legal department of the
Authority, to keep the corporate
records of the Authority and
undertake such other functions as
opinion of the Board be-required to assist rehabilitation, reconstruction and
the Agency in the discharge of any of its maintenance of all Federal roads;
functions under this Act. (c) enter into road concession
contracts and other forms of
(2) The person so seconded under this contracts with anybody corporate
secondment may elect to be transferred incorporated under the laws of
to the service of the Agency, and any Nigeria for the purpose of
previous service he may have rendered in executing relevant projects
the public service shall count as service to provided that the grant of a
the Agency for the purpose of any concession or a Public Private
pension subsequently payable by the Partnership (PPP) contract shall be
Agency. subject to competitive public
tender rules approved and
published by the Federal
Government from time to time
and in accordance with the
relevant laws for the time being in
force, for the procurement of
concessions or PPP contracts;
(d) carry out routine and
emergency repair of roads as the
Authority may by its discretion
determine;
24
the Board may from time to time
direct.
(2) The Secretary shall possess
adequate professional
qualifications, skills and experience
as a legal practitioner with not less
than ten (10) years cognate
professional experience.
(3) Subject to section 31 (2) of this
Act the Authority shall employ such
other number of persons as it
considers necessary for the exercise
of its powers and performance of its
functions under this Act.
(4) The Board shall determine the
terms and conditions of service of
the members of staff of the
Authority and shall in consultation
with the National Salaries, Incomes
and Wages Commission, review the
remuneration and allowances
payable to the employees of the
(e) plan and manage the Authority, from time to time.
development of road safety
technical designs, standards and
audit in collaboration with the
Federal Road Safety Commission;
(f) work in partnership with similar
agencies at the State and Local
Government levels by providing
policy advice, guidance and
technical support for the efficient
and effective rehabilitation,
reconstruction and maintenance
of road networks;
(g) prescribe measures for
preventing damage however
caused by any person to any road
or any part thereof and for
recovering, in full or in part, the
cost of repairing the damage from
such person or his insurers;
(h) advise the Government in
consultation with the Federal Road
Safety Corps and other relevant
Ministries, Departments and

25
Agencies, on appropriate and
effective methods of enforcing
road traffic legislation for the
purposes of preventing damage to
roads and promoting road safety;
(I) ensure effective monitoring of
the conditions of all roads for the
purposes of timely
implementation of road
maintenance, rehabilitation and
development programmes;
(j) publish periodic reports of the
activities and achievements of the
Authority and make the reports
available to the general public;
(k) advise the Minister on the
specifications, design, standards
and classification of roads and the
prohibition of any act that may
lead to damage to roads;
(l) advise the Minister on the
types, sizes, and usage of vehicles
on national roads and the laden
and axle weight of vehicles for the

26
purpose of protecting national
roads from damage;
(m) advise the Minister on the
development and training of
human resources, research and
studies necessary or required for
maintenance, rehabilitation and
development of roads;
(n) advise the Minister on
appropriate road signs, and other
road agencies on the location of
road signs on public roads;
(o) recommend to the Minister,
from time to time, appropriate
levels of charges, fines, penalties,
levies or any sum required to be
collected under this Act and paid
into the Road Fund;
(p) provide technical regulations
on road development and usage;
(q) recommend to the National
Roads Fund Board from time to
time, such reviews in road user

27
charges as are necessary for the
purpose of the Road Fund;
(r) liaising with the Federal Road
Safety Commission or any other
body charged with matters
relating to safety of persons on
the road;
(s) plan and develop strategies
towards ensuring efficient and
effective movement of traffic on
the federal road network and
ensure their implementation;
(t) identify and recommend to the
Minister, donor funding for the
construction, maintenance,
rehabilitation and reconstruction
of federal roads;
(u) develop an appropriate Road
Management System;
(v) prepare and publish reports on
the Authority's projects funded by
the National Roads Fund;
(w) make policy recommendations
to the Federal Government on

28
 matters relating to the
construction, rehabilitation,
reconstruction and maintenance
of Federal roads; and
(x) carry out other functions
which in the opinion of the Board
are necessary to ensure the
efficient performance of the
functions of the Authority.

Pensions Act Cap. 346, LFN.1990. Service in the Authority to be

13.-(1) It is hereby declared that service
in the Agency shall be approved service
for the purpose of the Pension Act and,
accordingly, employees of the Agency
shall be entitled to pension, gratuities
and other retirement benefits as are
prescribed under the Pensions Act.
(2) Notwithstanding the provisions of
Subsection (1) of this section nothing in
this Act shall prevent the appointment of
a person to any office on terms which
preclude the grant of a pension, gratuity
13. The Authority shall, in order to
fulfill its functions under this Act,
have the power in respect of
federal trunk roads:
(a) to consider applications for
concessions and other forms of
PPPs and to issue and if necessary
extend and renew any concessions
or contracts;
(b) to, subject to extant
regulations and laws carry out
inquiries, tests, audits or
Pensionable
13. (1) Service in the Authority is
pensionable under the Pension
Reform Act and accordingly, officers
and other persons employed in the
authority shall be entitled to
pension and other retirement
benefits in respect of their service in
the Authority as prescribed in that
Act.
(2) Notwithstanding the provisions
of sub-section (1) of this section,

29
or other retirement benefits in respect of investigations and take such other
that office. steps as may be necessary to
monitor the activities of
(3) For the purposes of the application of concessionaires and other PPPs
the provisions of the Pensions Act, any and to secure and enforce
power exercisable by a Minister or other compliance with the provisions of
authority of the Federal Government, this Act or any subsidiary
other than the power to make legislation, concession, terms,
regulations under Section 23 of the contracts or conditions made
Pensions Act, is hereby vested in and pursuant to this Act;
shall be exercisable by the Agency and (c) where it considers it to be in the
not by any other person or authority. public interest, to compel a
concessionaire or other PPPs to
provide any information or any
document concerning activities
notwithstanding that such
information or document may
contain business secrets; provided
that any such information or
documents shall be restricted to
those that a person can be legally
compelled to produce as evidence
by a court of law in Nigeria;
30
nothing in this Act shall prevent the
appointment of a person to any
office on terms, which preclude a
grant of a pension or other
retirement benefits in respect of
that office.
(3) For the purposes of the
application of the provisions of the
Pensions Reform Act, any power
exercisable by the Minister or other
authority of the Government of the
Federation, other than the power to
make regulations under the
Pensions Reform Act, is hereby
vested in and shall be exercisable by
the Authority and not by any other
person or authority.
(4) Employees who join the staff of
the Authority from the civil service
shall have all existing and
outstanding civil service
emoluments and pension
(d) to publish information received entitlements transferred from their
in the course of exercising its existing service to the Authority at
powers and functions under this the time of appointment.
Act or to require concessionaires
and other PPPs to publish certain
information if it is satisfied that the
publication is consistent with the
objects of this Act provided that
the Authority shall consider the
commercial interests of the parties
to whom the information relates
before publishing the information;
(e) to undertake consultations
with members of the public, road
operators and industry
participants affected by or with an
interest in its directions and to
consider any responses to the
consultations;
(f) to enter into contracts and incur
obligations;
(g) to acquire, hold, mortgage,
purchase and deal howsoever with

31
property whether moveable or
immoveable, real or personal;
(h) subject to section 16 of this Act
borrow such sums as it may
require for the performance of its
functions under this Act;
(i) subject to the provisions in
relevant treasury and
establishment circulars, approve
the award and termination of
contracts to consider applications
for concession and other forms of
Public Private Partnership
contracts and to issue, extend,
renew, modify, suspend and if
necessary, revoke any concession
or contracts;
(j) to carry out inquiries, tests,
audits or investigations and take
such other steps as may be
necessary to monitor the activities
of concessionaires and other
Public Private Partnerships and to
secure and enforce compliance

32
 with the provisions of this Act or
any subsidiary legislation,
concession, terms, contracts or
conditions made pursuant to this
Act;
(k) to work in partnership with
similar agencies at the States and
Local Government levels by
providing policy advice, guidance
and technical support for the
efficient and effective
rehabilitation, reconstruction and
maintenance of road networks;
and
(l) to do all things necessary or
convenient to be done for or in
connection with the performance
of its functions and to enable it to
achieve its objectives under this
Act;

PART IV-FINANCIAL PROVISIONS Part V - Financial Provisions PART IV - FUNCTIONS AND POWERS
Funds of the Agency. OF THE AUTHORITY

33
14. The funds of the Agency shall consist
of-
(a) the take-off grant from the Federal
Government;
(b) annual subvention from the Federal
Government as provided for in the
Appropriations Act ;
(c) loans and grant-in-aid from Federal,
Bilateral and Multilateral agencies;
(d) rents, fees and other internally
generated revenues from services
provided by the Agency ;
(e) all monies collected from Toll Gates;
(j) such monies accruing from road
concessions; and
(g) all other sums accruing to the agency
from time to time.
14. The Authority shall establish
and maintain a fund which shall
comprise:
(a) an initial take off grant or
subvention as may be
appropriated to the Authority by
the National Assembly;
(b) such moneys as may be
appropriated to the Authority
from time to time by the National
Assembly through the national
budgetary process;
(c) allocations from the National
Roads Fund;
(d) concession fees, levies and
other charges imposed by the
Authority;
(e) international vehicles transit
charges as may be determined by
the Minister in charge of Roads on
the advice of the Board of the
Authority;
34
Functions of the Authority
14. (1) Subject to the provisions of
this Act and the functions and
powers of any regulatory agency for
the roads sector as provided for
under this Act or in any other Act,
the Authority shall –
(a) own and manage Federal Road
assets in accordance with the
provisions of this Act;
(b) develop, determine and be
responsible for the classification of
roads and the technical regulation
of roads including the specifications,
design, standards on road
development and usage;
(c) ensure the efficient and
effective management,
construction, rehabilitation,
reconstruction and maintenance of
(f) gifts, loans and grants from
national, bilateral and multilateral
agencies;
(g) proceeds from the sale of
assets that may accrue to the
Authority; and
(h) rents, toll fees and other
internally generated revenues
from services provided by the
Authority.
35
all Federal Roads;
(d) make policy recommendations
to the Federal Government on
matters relating to the
management, construction,
rehabilitation, reconstruction and
maintenance of Federal Roads;
(e) enter into Private Sector
Participation agreements including
concessions and other forms of
contracts as well as the issuance of
permits and licences relating
thereto to any person for the
purpose of executing road Private
Sector Participation agreements and
other forms of contracts with any
person authorised for the purpose
of executing relevant projects
provided that the grant of a Private
Sector Participation agreement shall
be subject to public procurement
rules as approved by the Federal
 Government from time to time and
in accordance with the relevant laws
and regulations for the
procurement and operation of
Private Sector Participation
agreements;

(f) carry out the procurement and

enter into contracts for road works
of any type with local entities with
the aim of developing, encouraging,
and enabling the growth of the
Nigerian road contracting market
and building the capacity of the
private contracting sector;

(g) carry out periodic maintenance

and emergency repair of roads in
accordance with policy priorities,
rolling Road Maintenance and
Development Plans, National Roads
Fund disbursements and as the
Authority may in its discretion
determine;

36
 (h) plan and manage the
development of road safety
technical designs, standards and
audit in collaboration with any
regulatory, enforcement or other
authority or agency with
responsibility for roads and road
safety;

(i) plan and develop strategies to

assist the relevant agencies towards
ensuring efficient and effective
movement of traffic on the Federal
Road Network and ensure their
implementation;

(j) liaise and consult with any

regulatory, enforcement or other
authority or agency with
responsibility for roads and road
safety and other relevant Ministries,
Departments and Agencies;

(k) work in partnership with similar

agencies at the state and local

37
 government levels by providing
policy advice, guidance and
technical support for the efficient
and effective management,
rehabilitation, reconstruction and
maintenance of National road
networks;

(l) prescribe measures for

preventing damage however caused
by any person to any road or any
part thereof and for recovering, in
full or in part, the cost of repairing
the damage from such person or his
insurers;

(m) ensure effective monitoring of

the conditions of all Federal Roads
for the purposes of timely
implementation of road
maintenance, rehabilitation and
development programmes;

(n) develop and utilize an

appropriate Road Asset

38
 Management System for the day to
day and strategic planning and
evidence based reporting processes
of the Authority; 


(o) prepare and publish evidence

based performance reports on the
Authority‟s projects funded by the
National Roads Fund and any other
funding sources or other donors;

(p) publish periodic reports of the

activities, projects, contracts, plans,
performance and achievements of
the Authority and the condition of
the Federal Road Network and make
the reports available to the general
public to ensure transparency and
probity;

(q) advise the Minister and any

regulatory, enforcement or other
authority or agency with
responsibility for roads and road

39
 safety;

(i) on the specifications, design,

standards and classification of roads
and the prohibition of any act that
may lead to damage to roads;

(ii) on the types, sizes, and usage of

vehicles on national roads and the
laden and axle weight of vehicles for
the purpose of protecting national
roads from damage;

(iii) on appropriate and effective

methods of enforcing road traffic
legislation for the purposes of
preventing damage to roads and
promoting road safety;

(iv) on appropriate road signs, and

other road agencies on the location
of road signs on public roads;

(v) on matters relating to safety of

persons on roads;

40
 (vi) on appropriate levels of
charges, fines, penalties, levies or
any sum required to be collected in
relation to any road;

(vii) on such reviews in road user

charges as are necessary for the
purpose of the National Roads Fund;

(r) advise the Minister on the

development and training of human
resources, research and studies
necessary or required for
performing its functions towards
the development of the roads
sector;

(s) identify and recommend to the

Minister, supplementing donor
funding opportunities for the
management, construction,
rehabilitation, reconstruction and
maintenance of Federal Roads; and

(t) carry out other functions which

41

Application of the Agency's Fund.
15. The Agency may, from time to time
apply its Funds-
(a) to the cost of administration of the
Agency;
(b) to the paying of the emoluments,
allowances and benefits of members of
the Board and for reimbursing members
of the board or of any Committee set up
by the Board for such expenses as may be
expressly authorised by the Board;
(c) to the payment of the salaries, fees or
other remuneration or allowances,
gratuities and pensions, and other
benefits payable to the officers and other
employees of the Agency, so however
that no payment of any kind under this
paragraph (except ·such as may be
expressly authorised by the Board) shall
15. The Authority may from time
to time apply its funds:
(a) to road construction,
rehabilitation, reconstruction and
maintenance expenditure;
(b) to the development and
maintenance of roads deemed to
be federal roads within the
meaning of this Act;
(c) to the administration of the
Authority;
(d) to the paying of the
emolument, allowances and
benefits of members of the Board
and for reimbursing members of
the Board or of any Committee set
up by the Board for such expenses
42
in the opinion of the Board are
necessary to ensure the efficient
performance of the functions of the
Authority.
Powers of the Authority
15. The Authority shall, in order to
fulfill its functions under this Act,
have the following powers:
(1) Power for granting Private
Sector Participation
(a) consider applications for any
form of Private Sector Participation
including 
concessions and to issue
and if necessary, extend, renew or
revoke any Private Sector
Participation agreements in
accordance with extant laws and
regulations;
(b) to determine or agree with any
relevant party involved in a
be made to any person who is in receipt
of emoluments from the Federal or State
Government;
(d) for the development and
maintenance of any property vested in or
owned by the Agency; and
(e) for and in connection with all or any
of its functions under this Act.
as may be expressly authorized by
the Board;
(e) to the payment of the salaries
fees or other remuneration or
allowances and Pensions, and
other benefits payable to the
officers and other employees of
the Authority, so however that no
payment of any kind under this
paragraph (except such as may be
expressly authorized by the Board)
shall be made to any person who is
in receipt of emoluments from the
Federal or State Government;
(f) for the development and
maintenance of any property
vested in or owned by the
Authority; and
(g) for any other payment in
connection with all or any of its
functions under this Act.
43
concession or other Private Sector
Participation agreement on any
fees, levies, charges, rates and
tariffs in relation to any concession
or other Private Sector Participation
arrangement, subject to the powers
of the Road Sector Regulator;
(c) subject to extant regulations and
laws carry out inquiries, tests, audits
or investigations and take such
other steps as may be necessary to
monitor the activities of
concessionaires or parties involved
in Private Sector Participation and to
secure and enforce compliance with
the provisions of this Act or any
subsidiary legislation, concession
terms, agreements or conditions
made pursuant to this Act;
(d) where it considers it to be in the
public interest, compel a
concessionaire or parties involved in
 Private Sector Participation to
provide any information or any
document concerning activities
notwithstanding that such
information or document may
contain business secrets; provided
that any such information or
documents shall be restricted to
those that a person can be legally
compelled to produce as evidence
by a court of law in Nigeria;

(e) publish information received in

the course of exercising its powers
and functions 
under this Act or to
require concessionaires or parties
involved in Private Sector
Participation to publish certain
information if it is satisfied that the
publication is consistent with the
objects of this Act provided that the
Authority shall consider the
commercial interests of the parties
to whom the information relates

44
 before publishing the information;

(f) undertake consultations with

stakeholders including members of
the public, road operators and
industry participants affected by or
with an interest in its directions and
to consider any responses to the
consultations;

(f) enter into contractual

agreements generally and incur
obligations;

(g) acquire, hold, mortgage,

purchase and deal howsoever with
property whether moveable or
immoveable, real or personal;

(h) subject to section (18) of this

Act, borrow such sums as it may
require for the performance of its
functions under this Act subject to
the provisions in relevant treasury

45
 and establishment circulars,

(i) approve the award and

termination of contracts;

(2) Powers to acquire land for

Federal Roads

(a) the Federal Government may, in

accordance with the provisions of
the Lands Use Act acquire land for
the purposes of this Act and when so
acquired such land shall be deemed
to be a Federal Road within the
meaning of this Act; in this
subsection, the reference to land
includes reference to a road, other
than a Federal Road.

(b) except in respect of roads which

are deemed to be Federal Roads,
compensation shall be paid
pursuant to the Land Use Act, for
land acquired under sub-section (1)
(a) of this section after the

46
 commencement of this Act.

(c) where land at the

commencement of this Act or at any
time thereafter is part of a Federal
Road, the ownership shall include
not only the surface but also the
subsoil to an indeterminable depth,
and user adverse to that as a Federal
Road shall operate in favour of level
crossings constructed by the
Nigerian Railway Corporation and
then only where a train or engine is
approaching and within half a
kilometre of a level crossing.

(d) it is declared for the avoidance

of doubt that in the application of
this section, an acquisition of land
for the purposes of this Act shall be
for a public purpose of the
Federation within the meaning of
the Land Use Act.

(e) The acquisition of land for the

47
 purposes of this Act includes the
right to obtain control over the land
and to use the land for the erection
of buildings and for the supervision
of the user by the public.

(3) Power to acquire land under

special enactments Where land is
acquired for the purposes of this Act
pursuant to sub-section (2) of this
section -

(a) under the Land Use Act;

(b) if the land is customary land

within the meaning of the Land Use
Act and a requisition in respect of
such land declares it to be required
by the Federal 
Government for the
public purposes of the Federation,
the provisions of the enactment
pertaining to such acquisition shall
have effect accordingly, and the
land shall vest in the Authority

48
 without any further assurance.

(4) Powers incidental to intention to

acquire land for Federal Roads (a)
subject to the provisions of this
section, where it appears to the
Authority that land in any locality is
likely to be needed for the purposes
of a Federal Road, the Authority may
in writing authorise any person to
enter upon any land in the locality
for the purpose of surveying and
taking necessary levels, and for that
purpose the person so authorised
may:

(i) dig into or bore under the subsoil

and do all other acts necessary to
ascertain whether the land is
suitable for use as a Federal Road;
and

(ii) clear and demarcate the

boundaries of any such land.

49
 (5) Powers

(i) in the case of a customary land in

the manner provided by the Land
Use Act where a right of occupancy
is revoked; and

(ii) in any other case by a court

having jurisdiction in respect of the
place where the land is situated in
respect of drainage and other works

(b) notwithstanding the provisions

of sub-section (4)(a) of this section,
the Authority may for purposes of
and incidental to this Act survey or
otherwise demarcate in any State
and thereafter layoff on a plan the
middle line of a Federal Road, and
notice of such survey or
demarcation and laying off shall be
published in the Federal Gazette,
and in the Gazette of any State
affected or likely to be affected; if
the middle line is so laid off, the

50
 Authority may not later than twelve
(12) months thereafter, exercise his
power under this section within a
distance of one hundred (100)
metres on either side of such middle
line which shall include the Road
Reserve.

(c) nothing in this section shall

authorise the Authority or any
person authorised by him to enter
into any building or upon any
enclosed court or garden attached
to a dwelling house (except with the
consent of the occupier thereof)
unless at least seven (7) days‟ notice
in writing of the intended entry has
been given to such occupier.

(d) compensation for damage done

under this section shall in case of
dispute as to amount be
determined-

(a) the Authority may in the

51
 performance of its duties under this
Act make and thereafter maintain in
respect of any Federal Road,
convenient decking and drainage
work for the purpose of making
good any interruptions caused to
the use of the lands of adjoining
owners or occupiers through which
such Federal Road passes or is
made, or of diverting storm or other
water from a Federal Road.

(b) for all or any of the purposes in

sub-section (5)(a) of this section, the
Authority may enter upon land
adjoining the Federal Road subject
to the giving of reasonable notice to
owners or occupiers and doing as
little damage as possible through
such entry or exit after entry; and in
the course thereof the Authority
may block up, divert or alter the
level or course of water flowing in
defined channels, natural or

52
 artificial, or otherwise contained by
any means.

(c) nothing in this section shall

require the Authority to provide
convenient decking or drainage
work:

(i) where the owners or occupiers

have failed to make representation
during the time that the section of
the Federal Road affected, adjoining
or passing through their land was in
course of construction; or

(ii) where owners or, as the case

may be, occupiers of the adjoining
land have agreed to receive and
have been paid compensation; or

(iii) where decking and drainage

work provided by the Authority is
thereafter diverted or altered
otherwise than by the Authority.

53
 (d) in the exercise of its power under
this section, the Authority may
require any person having apparent
control over the location of any
pipe, electric wire or post to alter
the level or position thereof as the
case may require after reasonable
notice of the requirement has been
duly given; and the Authority shall in
the course of road works generally
cause as little inconvenience as
possible to persons affected.

(e) the failure to comply with the

requirement of the Authority as
directed or given to any person
under this section shall be an
offence punishable on conviction by
a fine of not less than Five Hundred
Thousand Naira (N500,000.00) or by
imprisonment for a term not
exceeding twelve (12) months, or by
both such fine and imprisonment.

54
 (6) Powers relative to obstruction
on Federal Roads (a) in the
performance of any of its functions
in relation to the development,
rehabilitation or maintenance of a
Federal Road under this Act if trees
or other natural or man-made
objects are standing in a position
likely in the opinion of the Authority
to obstruct the course of a Federal
Road in the event of falling or being
found on or near a Federal Road or
likely to obstruct the use the Federal
Road, any person duly authorised in
writing in that behalf by the
Authority may enter an adjoining
land to any necessary extent in
order to fell or otherwise remove
such obstruction as circumstances
may require.

(b) if the power conferred by sub-

section (6)(a) of this section is
exercised in respect of a tree or

55
 other natural or man-made objects
on land other than a Federal Road,
compensation shall be payable to
the owner only where the Federal
Road was in use before the tree or
other natural or man-made objects
became a potential source of
obstruction, and the tree or other
natural or man-made objects had at
the time of its felling or removal a
marketable value, provided that in
default of agreement under this
subsection the amount shall be fixed
by a competent person appointed
for this purpose by the Authority.

(c) an award of compensation fixed

by agreement under sub-section
(6)(b) of this section shall be final
and a court shall only entertain a
suit to recover compensation for
any tree or other natural or man-
made objects felled, removed or
otherwise dealt with under this

56
 section where the amount is fixed
by agreement is not paid.

(7) Power to enter adjacent land

The Authority or any person

authorised by him in writing, may in
case of any slip or other accident
happening or being apprehended in
any cutting, embankment or other
work under the Authority‟s control,
enter on any land adjoining a
Federal Road and do all work
necessary to repair damage thereby
occasioned and for the purpose of
prevention or control of slips likely
to occur from adjoining land on to a
Federal Road.

(8) Power to establish Pay-for-

Service arrangements, collect
revenues and set fees, levies,
charges, rates and tariffs related
thereto subject to the powers of the
Road Sector Regulator in this regard

57
 under the provisions of this Act or
any other Act.

(a) power to erect tollgates-

(9) Power to make therefrom

(i) the Authority shall have power to

erect, equip and maintain tollgates
on any Federal Road as and when
required, upon approval of the
President. without prejudice to the
generality of sub-section (8)(a)(i) of
this section, and notwithstanding
the provisions of any other Act, the
Authority may authorise any person,
in return for undertaking such
obligations as may be specified in a
Private Sector Participation
agreement or project agreement
with respect to the design,
construction, maintenance,
operation, improvement or
financing of Federal Roads to enjoy
specific rights as may be stated in

58
 the Private Sector Participation
agreement or project agreement
including the right to levy, collect
and retain tolls, user fees, service
charges, or any other fees, levies,
charges, rates and tariffs in respect
of the use of Federal Roads .

(ii) the Authority may, by regulation,

specify the conditions under which a
member of the public will access the
use of a Federal Road.
a party
involved in a Private Sector
Participation with the Authority
shall propose for the approval of the
Authority, any tolls, user fees,
service charges, or any other fees,
levies, charges, rates and tariffs or
any review of same in relation to the
use of Federal Roads by reference to
such circumstances or combination
of circumstances or classification as
the Authority may specify, after
consultation with the party involved

59
 in a Private Sector Participation and
any other relevant authority or
party.

(iii) the Authority may provide for

tolls, user fees, service charges, or
any other charges that shall be paid
into the National Roads Fund, to be
charged for a period specified or in a
manner as may be determined by
the Authority.

(iv) regulations with respect to

advertisements and the collection of
revenue

(a) subject to the provisions of this

section, the Authority may make
with the approval of the Minister
regulations:

(i) for the control by means of

permits or otherwise, of the display
of advertisements on Federal Roads
so far as it appears to the Authority

60
 to be expedient in the interest of
amenity or public safety; and

(ii) for the imposition and collection

of prescribed charges in respect of
the display on Federal Roads of
advertisements of such classes or
description as may be prescribed.

(b) without prejudice to the

generality of sub-section (9)(a) of
this section, regulations made under
this section may –

(i) provide for regulating the

dimensions, appearance and
position of advertisements which
may be displayed on Federal Roads
and sites on which advertisements
may be so displayed;

(ii) provide for prohibiting the

display on Federal Roads of
advertisements of any prescribed

61
 class or description;

(iii) provide for enabling the

authorised officials or persons to
require the removal of an
advertisement which is being
displayed in contravention of the
regulations, or the discontinuance
of the use of the display of
advertisements on any site which is
being so used in contravention of
the regulations.

(iv) specify different provisions, and

prescribe different charges, in
respect of advertisements of
different classes or descriptions and
with respect to advertisements in
different situations and generally
with respect to different
circumstances;

(v) impose in respect of any breach

of the regulations any penalty, and
may make provision as to the

62
 persons who are to be treated as
displaying an advertisement for the
purpose of any provision of the
regulations which makes it an
offence to display an advertisement
in breach of the regulations; and

(vi) include such incidental or

supplementary provisions as it
appears to the Authority necessary
or expedient for giving effect to the
purposes mentioned in sub-section
(9)(a) of this section.

(d) the Federal Government may,

subject to the provisions of this Act,
collaborate with the government of
a State or a Local Government in
respect of traffic on Federal Roads
as may be expedient in the
circumstances with regard to the
prohibition of erection of hoardings
and other forms of advertising
within a distance of one hundred

63

Application of the Agency's Fund.
15. The Agency may, from time to time
apply its Funds-
(a) to the cost of administration of the
Agency;
(b) to the paying of the emoluments,
allowances and benefits of members of
meters from the middle line of any
road formation in the vicinity of a
Federal Road or within the distance
aforesaid from the middle line of the
Federal Road.
(10) Power to Collaborate with
State Government and Local
Governments.
The Federal Government may,
subject to the provisions of this Act,
collaborate with the government of
a State or a Local Government in
respect of traffic on Federal Roads
as may be expedient in the
circumstances.
PART V - FINANCIAL PROVISIONS
Fund of the Authority
16.-(1) The Authority may, with 16. (1) The Authority shall establish
the consent of the Minister and maintain a fund which shall
responsible for Finance, borrow comprise -
such money as the Board may
64
the Board and for reimbursing members
of the board or of any Committee set up
by the Board for such expenses as may be
expressly authorised by the Board;
(c) to the payment of the salaries, fees or
other remuneration or allowances,
gratuities and pensions, and other
benefits payable to the officers and other
employees of the Agency, so however
that no payment of any kind under this
paragraph (except ·such as may be
expressly authorised by the Board) shall
be made to any person who is in receipt
of emoluments from the Federal or State
Government;
(d) for the development and
maintenance of any property vested in or
owned by the Agency; and
(e) for and in connection with all or any
of its functions under this Act.
require in the exercise of its
functions under this Act.
(2) The Authority may accept gifts,
grants of money, aid or other
property from national, bilateral
or multilateral organizations and
upon such terms and conditions as
may be agreed upon between the
donor and the Authority provided
that any conditions attached to
such gifts are not inconsistent with
the objectives and functions of the
Authority under this Act.
65
(a) an initial take off grant or
subvention as may be appropriated
to the Authority by the National
Assembly to cover one time
transitioning and one time capacity
building costs;
(b) such moneys as may be
appropriated to the Authority from
time to time by the National
Assembly through the national
budgetary process;
(c) gifts, loans and grants from
national, bilateral and multilateral
agencies;
(d) proceeds from the sale of assets
that may accrue to the Authority;
(e) allocations from the National
Roads Fund;
(f) Public Private Participation fees,
toll fees, levies and other fees,

Annual Estimates and Accounts.
16.-(1) The Agency shall, not later than
30th August in each year, submit to the
Minister an estimate of its expenditure
and income (including payments to the
Agency) for the next succeeding year.
(2) The Agency shall keep proper
accounts in respect of each year and
proper records in relation to those
accounts and shall cause its accounts to
be audited within three months after the
17. The Board shall:
(a) receive and review annual
reports from the management of
the Authority and submit same to
the President and the National
Assembly, through the Minister in
the first quarter of every year and
the report shall be on the activities
of the Authority during the
immediately preceding calendar
year, and shall include a copy of
66
levies, charges, 
rates and tariffs
imposed on any person by the
Authority or payable under any

arrangement made by the
Authority; and
(g) lease, license, rents,
advertisement revenue and other
internally generated revenue from
services or facilities provided by the
Authority
Application of Fund of the
Authority
17. (1) The Authority may from time
to time apply its funds:
(a) to the development of the
Federal Road Network and its
operations for road management,
construction, rehabilitation,
reconstruction and maintenance of
roads deemed to be Federal Roads
end of each year by auditors appointed
from the list and in accordance with the
guildelines supplied by the Auditor-
General of the Federation.
the audited accounts of the
Authority for that calendar year;
(b) submit not later than four
months to the end of each year to
the Minister an estimate of the
expenditure and income of the
Authority for the next succeeding
year; and
(c) keep proper accounts of the
Authority in respect of each year
and proper records in relation
thereto and shall cause the
accounts to be audited not later
than 3 months after the end of
each year by professionally
qualified and licensed auditors
appointed by the Board with the
approval of the Auditor-General of
the Federation.
67
within the meaning of this Act;
(b) to the administration of the
Authority;
(c) to the paying of the emolument,
allowances and benefits of
members of the Board 
and for
reimbursing members of the Board
or of any Committee set up by the
Board for such expenses as may be
expressly authorized by the Board;
(d) to the payment of the salaries,
fees or other remuneration or
allowances and Pensions, and other
benefits payable to the officers and
other employees of the Authority,
so however that no payment of any
kind under this paragraph (except
such as may be expressly authorized
by the Board) shall be made to any
person who is in receipt of
emoluments from the Federal or
 State Government;

(e) for the development and

maintenance of any property vested
in or owned by the Authority; and

(f) for any other payment in

connection with all or any of its
functions under this Act.

Audit. Part VI - Regulation Of Road Borrowing Powers, Gifts, etc.

17.-(1) The Auditor-General of the Sector
Federation shall- 18. (1) The Authority may, with the
(a) inspect and audit the .accounts and 18. -(1) The Minister shall: consent of the Minister responsible
records of the financial transactions of (a) formulate, determine and for Finance, borrow such money as
the Agency: monitor the general policy for the the Board may require in the
(b) inspect records relating to assets of road sector in Nigeria to ensure, exercise of its functions under this
the Agency, and amongst others, the utilization of Act.
(c) draw the attention of the Minister to the sector as a platform for the (2) The Authority may with the
any irregularity, which is disclosed, by the
economic and social development consent of the Minister and in
inspection and audit. of Nigeria; consonance with any relevant
(b) provide general policy agency of government and any laws,
(2) The Auditor-General or an officer guidelines, specifications and guidelines or rules relating thereto
authorized by him is entitled at all standards for the construction, raise and issue infrastructure bonds
reasonable time to a full and free access reconstruction, rehabilitation and

68
to all accounts, records, documents and
papers of the Agency relating directly or
indirectly to the receipt or payment of
money by the Agency or to the
acquisition, receipt, custody or disposal
of assets by the Agency.
maintenance of Federal Roads in
Nigeria; and
(2) The Minister may give
directives to the Authority relating
to the performance by the
Authority of any of its functions
under this Act provided that such
directives are not inconsistent
with the objectives and functions
of the Authority under this Act.
(3) The Minister shall prior to the
formulation or review of policies
for the roads sector, consult with
and have due regard to the
representations of relevant
stakeholders in the sector,
including, but not limited to, the
Authority, industry participants
and the general public.
for the purpose of its objectives
under this Act.
(3) The Authority may accept gifts,
grants of money, aid or other
property from national, bilateral or
multilateral organizations and upon
such terms and conditions as may be
agreed upon between the donor
and the Authority provided that any
conditions attached to such gifts are
not inconsistent with the objectives
and functions of the Authority under
this Act.

Power to accept gifts, etc. Part VII - Roads Plan Reports, Budgets and Audited
19. The Agency may accept any gift of Accounts
land, money or other property on such 19.-(1) The Authority shall, within
terms and conditions, if any, as may be the first year of its establishment, 19. (1) The Board shall -

69
specified by the person or organization
making the gift provided that the Agency
shall not accept any gift if the conditions
attached are inconsistent with the
functions of the Agency and the terms of
existing laws.
prepare a five year Rolling Roads
Plan (hereinafter referred to as the
“Plan”) for the fulfillment of its
responsibilities under this Act.
(2) The Plan made pursuant to the
provisions of subsection (1) of this
section shall be broken into yearly
Action Programmes and shall
contain such information,
amongst others, that would allow
determination of the Authority's
proposed activities over the Plan
period in respect of each element
of the Federal Roads network.
(3) The Authority shall submit the
Plan to the National Roads Fund
Board within six months of its
establishment in the case of the
first Plan and within four months
before the start of the Authority's
financial year for the year of
submission in the case of
subsequent Plans, together with
its five-year funding programmes
70
(a) receive and review annual
reports from the management of
the Authority and submit same to
the President and the National
Assembly, through the Minister in
the first quarter of every year and
the report shall be on the activities
and performance of the Authority
during the immediately preceding
calendar year, and shall include a
copy of the audited accounts of the
Authority for that calendar year.
(b) submit not later than four (4)
months to the end of each year to
the Minister an estimate of the
expenditure and income of the
Authority for the next succeeding
year; and
(c) keep proper accounts of the
Authority in respect of each year
and proper records in relation
thereto and shall cause the accounts
and the database for the service
level for the Plan period relative to
the road network for which the
Authority has responsibility.
(4) The National Roads Fund Board
shall review the Plan and the
funding submissions of the
Authority against set financial,
economic and social criteria for
the achievement of the objects of
the National Roads Fund Board;
and shall upon satisfying itself of
the integrity of the Plan and the
submissions of the Authority,
approve the programme
contained in the Plan for funding
from the Roads Fund.
(5) The Authority shall keep the
Plan under review and update it
annually, with appropriate input
and approval of the National
Roads Fund Board, within the five
year rolling plan cycle.
71
to be audited not later than three (3)
months after the end of each year
by professionally qualified and
licensed auditors appointed by the
Board with the approval of the
Auditor-General of the Federation.
(2) The Authority shall -
(a) consult with the Ministry in
respect of long term strategic
development plans and policy
guidance, and Budget availability,
and supplementary donor financing;
(b) consult with the National Roads
Fund in respect of finance and
funding availability for routine and
preventative maintenance and road
safety improvement works;
(c) using its Road Asset
Management System, prepare,
maintain and monitor national
development objectives,
 prioritization criteria and
performance expectations in
accordance with the provisions set
out in the Schedule II of this Act; and

(d) develop, maintain and deliver

reporting regimes that are outcome
oriented, and evidence based and
that meets the needs of its funding
agencies.

Power to Borrow. Part VIII - Miscellaneous PART VI - ROLE OF THE MINISTER

20.-(1) The Agency may, from time to
time, borrow such sums as it may require Role of the Minister
for the performance of its functions
20. (1) The Minister shall -
under this Act. 20. Subject to the provisions of this
Act, the provisions of the Public (a) formulate, determine and
(2) The Agency shall not, without the Officers Protection Act shall apply monitor the general policy for the
approval of the Minister, borrow money in relation to any suit instituted road sector in Nigeria to ensure,
which exceeds, at any time, the amount against an officer or employee of amongst others, the utilization of
set by the Minister . the Authority. the sector as a platform for the
economic and social development
(3) Notwithstanding subsection (1) of this of Nigeria;
section, where the sum to be borrowed is

72
in foreign currency, the Agency shall not (b) provide general policy
borrow the sum without the prior guidelines, specifications and
approval of the Minister. standards for the construction,
reconstruction, rehabilitation and
maintenance of Federal Roads in
Nigeria; and

(2) The Minister may give directives

to the Authority relating to the
performance by the Authority of any
of its functions under this Act
provided that such directives are
not inconsistent with the objectives
and functions of the Authority under
this Act.

(3) The Minister shall prior to the

formulation or review of policies for
the roads sector, consult with and
have due regard to the
representations of relevant
stakeholders in the sector,
including, but not limited to, the
Authority, industry participants and

73

Investment Cap. 449 LFN.
21. The Agency may, subject to the
provisions of this Act and the conditions
of any trust created in respect of any
property, invest all or any of its funds in
any security prescribed by the Trustee
Investment Act or in such other securities
as may, from time to time, be approved
by the Board.
21. A notice, summons or other
documents required or authorized
to be served upon the Authority
under the provisions of this Act or
any other enacted law may be
served by delivering it to the
Managing Director or by sending it
by registered post addressed to
the Managing Director at any of
the principal offices of the
Authority or by electronic means
through e-mail or website of the
Authority.
74
the general public.
PART VII - REGULATION OF ROAD
SECTOR
Establishment of the Road Sector
Regulator
21. (1) There shall be established by
an Act of the National Assembly a
regulator for the road sector to be
the Road Sector Regulator
(2) The Road Sector Regulator shall
be responsible for matters relating
to the economic and safety
regulation and supervision of the
road sector in Nigeria and shall have
the functions, powers and duties as
may be conferred under this Act or
any other Act any of which it shall
exercise particularly where it
determines that there is a failure in
the operation or provision of
 services or facilities in the road
sector; or where and when for any
other reason it deems it necessary
or relevant, and to such extent that
it shall so determine.

(3) Where upon the

commencement of this Act or at any
time thereafter, a road sector or
transport sector regulator is
established by an Act of the National
Assembly to exercise the powers
and perform the functions of the
Road Sector Regulator stipulated
under this Act or any other Act, then
that road sector regulator shall have
the functions, powers and duties of
the Road Sector Regulator except
insofar as the Act of the National
Assembly establishing the road or
transport sector regulator adopts,
preserves, transfers or transitions to
such a body or to any other body.

75
No exemption from payment of income
tax.
22. The Agency shall not be exempted
from the 'payment of income tax on any
income accruing from investments made
by the Board for the Agency or otherwise
howsoever.
22. No civil action shall be
commenced against the Authority
or its authorised officers before
the expiration of a period of 30
days after written notice of
intention to commence the suit
shall have been served on the
Authority by the intending plaintiff
or his agent, and the notice shall
clearly and explicitly state the:
(a) cause of action;
(b) particulars of the claim;
(c) name and place of abode of the
intending plaintiff; and
(d) relief sought.
76
Functions of the Road Sector
Regulator
22. (1) The Road Sector Regulator
shall have the following functions
with respect to the regulation and
supervision of the road sector:
(a) create a regime for the
organisational supervision of the
operations of the Authority or any
agency within the road sector in
their function as bodies managing
public assets and delivering public
services for which it must be
accountable;
(b) create a regime for the
economic regulation of the road
sector;
(c) supervise regulatory activities
within the road sector with regards
to safety in relation to the activities
of the Authority, or any agency
 responsible for road safety;

(d) liaise with the agency

responsible for road safety to make
regulations to ensure that the road
operators, road service providers,
licensees, road users,
concessionaires and parties
involved in Private Sector
Participation or any other person
utilise the roads in the safest
possible manner;

(b) protecting and promoting the

interests of customers and road
users against unfair 
practices by
the Authority, road operators and
road service providers including but
not limited to matters relating to
charges and tariffs and for the
availability and access to quality
road services in accordance with the
provisions of this Act;

(c) promoting equitable and fair

77
 competition in the road sector and
protection of road operators and
road service providers from abuse of
market power or anti- competitive
and unfair practices by other road
operators and road service
providers;

(d) monitoring and reporting on the

degree to which favourable
conditions for competition are
present in the market for road
services.

(e) encouraging and promoting

cooperation amongst road
operators, road service providers,
parties involved in Private Sector
Participation, concessionaires,
licensees, road users, or any other
person utilising the roads and
providing regulatory guidelines
thereon;

(f) examining and resolving

78
 complaints objections and disputes
filed by or existing between or
amongst the Authority, road
operators, road service providers,
parties involved in Private Sector
Participation, concessionaires,
licensees, road users or any other
person involved in the road sector
using such dispute-resolution
methods as the Road Sector
Regulator may determine from time
to time;

(g) advising the Authority and the

Minister on the formulation of
general policies for the road sector
and generally on matters relating to
the road sector in the exercise of the
Authority‟s and the Minister‟s
functions and responsibilities under
this Act;

(h) implementing the regulatory

policies issued by the federal

79
 government in respect of the road
sector and executing all such other
functions and responsibilities as are
given to the Road Sector Regulator
under this Act or are incidental or
related thereto;

(i) facilitating the financial viability

of the road sector and related
services and facilitating the
incentive for efficient long-term
investment in Nigeria for the
provision of road services and road
infrastructure;

(j) supervising and monitoring of

performance standards and indices
relating to the quality of road
services having regard to the best
international practices and
standards;

(k) generally advising and assisting

stakeholders in the road sector with
a view to the development of the

80
 industry and attaining the objectives
of this Act;

(l) ensuring the harmonization of

road standards and practices across
the country; and

(m) facilitating liaison between road

operators, road service providers,
concessionaires, licensees and other
persons and agencies charged with
responsibility for regulating the
transport sector in order to promote
intermodalism.

(2) The Road Sector Regulator shall

have and perform such other
functions as may be conferred upon
it under any other Act.

Power to acquire and, Cap. 202 LFN. Powers of the Road Sector
23. The Agency may subject to the Land 23. A member of the Board, the Regulator
Use Act, acquire, any land for discharging Managing Director, any officer or
its functions. employee of the Authority shall be 23. (1) The Road Sector Regulator
indemnified out of the assets of shall, in order to fulfill its functions

81
the Authority against any liability
incurred by him in defending any
proceeding, whether civil or
criminal, in which judgment is
given in his favour or in which he is
acquitted, where such proceeding
is brought against him in his
capacity as a member of the
Board, the Managing Director,
officer or an employee of the
Authority.
82
under this Act have the power -
(a) to supervise and ensure that any
agency responsible for road safety
carry out their responsibilities and
adhere to the relevant laws and
regulations guiding their activities;
(b) to regulate passenger and
haulage fares, tariffs and charges in
accordance with the provisions of
this Act;
(c) to carry out inquiries, tests,
audits or investigations, including
technical and management audits
and take such other steps as may be
necessary to monitor the activities
of the Authority, road operators,
road service providers, parties
involved in Private Sector
Participation, concessionaires,
licensees and other persons and
agencies and to secure and enforce
 compliance with this Act;

(d) to establish customer protection

measures in accordance with the
provisions of this Act;

(e) where it considers it to be in the

public interest, to compel a road
operator, road service provider,
parties involved in Private Sector
Participation concessionaires,
licensees and other persons and
agencies to provide any information
or any document concerning its
activities notwithstanding that such
information or document may
contain business secrets; provided
that any such information or
documents shall be restricted to
those which a person can be legally
compelled to produce as evidence
by a court of law in Nigeria;

(f) to publish information received

in the course of exercising its

83
 powers and functions under this Act
or to require a road operator or road
service provider, parties involved in
Private Sector Participation,
concessionaires, licensees and other
persons and agencies to publish
certain information if it is satisfied
that the publication is consistent
with the objects of this Act provided
that the Road Sector Regulator shall
consider the commercial interests of
the parties to whom the information
relates before publishing the
information; 


(g) to undertake consultations with

the public, road operators, road
service providers, parties involved in
Private Sector Participation,
concessionaires, licensees, road
users, other persons and agencies
and industry stakeholders within
the road sector affected by or with
an interest in its directions and to

84
 consider any responses to the
consultations;

(h) provide for the licensing of road

operators and road service
providers, parties involved in Private
Sector Participation,
concessionaires, licensees and other
persons and agencies carrying out
commercial activities on Federal
Roads; and

(i) to do all such things as are

necessary for or incidental to the
carrying out of its functions and
duties under this Act.

(2) Subject to this Act, the Road

Sector Regulator has the power to
do all things necessary or
convenient to be done for or in
connection with the performance of
its functions and to enable it to
achieve its objectives under this Act

85

PART V-MISCELLANEOUS PROVISIONS
LEGAL PROCEEDINGS
Limitation of Suits Against the Agency
etc, Cap. 379 LFN.
24. Subject to the provisions of this Act,
the provisions of the Public Officers
Protection Act shall apply in relation to
24. -(1) A member of the Board, or
the Board or the Managing
Director or any other officer or
employee of the Authority shall:
86
and under any relevant legislation.
(3) In furtherance of its functions
and powers, the Road Sector
Regulator shall make such orders,
regulations or subsidiary legislation
as it shall deem necessary for the
performance of its functions and
exercise of its powers and to enable
it to achieve its objectives and to
give full force and effect to the
provisions of this Act and the
enforcement of such regulations
under this Act and under any
relevant legislation.
PART VIII - ROADS PLAN
Preparation of Roads Plan
24. (1) In consultation with the
Ministry, the National Roads Fund
and any relevant agency, the
Authority shall prepare, maintain
and monitor a Five-Year Rolling
any suit instituted against an officer or (a) not, for his personal gain, make
employee of the Agency.
use of any information which has
come to his knowledge in the
exercise of his power or is
obtained by him in the ordinary
course of his duty as a member of
the Board or as a Managing
Director, officer or employee of
the Authority;
(b) treat as confidential any
information which has come to his
knowledge in the exercise of his
power or is obtained by him in the
performance of his duties under
this Act;
(c) not disclose any information
referred to under paragraph (b) of
this sub-section, except where
required to do so by a Court or in
such other circumstances as may
be prescribed by the Board from
time to time.
(2) Any person who contravenes
any of the provisions of sub-
87
Road Maintenance and
Development Plan (hereinafter
referred to as the “Plan”) for the
fulfillment of its responsibilities
under this Act; and to meet national
development objectives,
prioritisation criteria and
performance expectations in
accordance with the provisions set
out herein.
(2) The Plan shall -
(a) be broken into yearly action
programmes and shall contain such
information, amongst others, that
would allow a determination of the
Authorities proposed activities over
the Plan period in respect of each
element of the Federal Road
Network.;
(b) constitute the basis for
determining the financial and
physical resource needs and
section (1) of this section commits
an offence and shall be liable on
conviction to a fine of not less than
N200,000.00 or imprisonment for
a term not exceeding two years or
both such fine and imprisonment.
88
proposed modes of its sourcing; the
likely outcome from the
implementation of the Plan and key
performance indicators by which its
implementation performance can
be measured and monitored;
(c) identify year by year, road
sections that become no longer
maintainable and due for
rehabilitation and upgrading.
(d) form the basis of annual
budgetary proposals in the National
Budgetary process.
(3) The Authority shall submit the
Plan to the National Roads Fund
Board within four months before
the start of the Authority‟s financial
year for the year of submission, in
such form and containing such
details as the National Roads Fund
Board shall specify, outlining a
comprehensive plan of action for
 the roads under the jurisdiction of
the Authority and the estimated
costs of every activity required to
implement the plan of action.

(4) The National Roads Fund Board

shall review the Plan and the
funding submissions of the
Authority against set financial,
economic and social criteria for the
achievement of the objects of the
National Roads Fund; and shall upon
satisfying itself of the integrity of the
Plan and the submissions of the
Authority, approve such part of the
programme contained in the Plan
for funding from the National Roads
Fund.

(5) The Authority shall keep the Plan

under review and update it
annually, with appropriate input
and approval of the National Roads
Fund, within the five (5) year rolling

89

Service of documents.
25. A notice, summons or other
documents required or authorised to be
served upon the Agency under the
provisions of this Act or any other
enactment or law may be served by
delivering it to the Managing Director or
by sending it by registered post
addressed to the Managing Director at
any of the principal offices of the Agency.
25. The Board may, with the
approval of the Minister make
such regulations as in its opinion,
are necessary or expedient for
giving full effect to the provisions
of the Act and for the due
administration of its provisions.
90
plan cycle.
PART IX - OFFENCES AND
PENALTIES
25. Offences and Penalties.
Except as otherwise provided under
any other section of this Act, any
person who willfully -
(a) prevents or obstructs any
authorised officer, agent or person
in the performance of 
his function
under this Act;
(b) fails to pay to any officer, agent
or person empowered to collect any
fees, levies, charges, rates and
tariffs payable under this Act;
(c) withholds any fees, levies,
charges, rates and tariffs paid under
this Act;

Indemnity of Officers.
26. A member of the Board, the
Managing Director, any officer or
employee of the Agency shall be
indemnified out of the assets of the
Agency against any liability incurred by
him in defending any proceeding,
whether civil or criminal, in which
judgment is given in his favour or in
which he is acquitted, if any such
proceeding is brought against him in his
capacity as a member of the Board, the
Managing Director, officer or other
employee of the Agency.
26. -(1) The Federal Roads
Maintenance Agency
(Establishment etc.) Act, 2002 and
the Federal Roads Maintenance
Agency (Amendment, etc) Act,
2007 are hereby repealed.
(2) Any provision of the Federal
Highways Act Cap F13 Laws of the
Federation of Nigeria, 2004 which
is inconsistent with the provisions
of this Act shall to the extent of the
inconsistency, be void and the
provisions of this Act shall prevail.
(3) Without prejudice to section 6
of the Interpretation Act, the
repeal of the Act specified in
subsection (1) of this section, shall
91
(d) does any other fraudulent act or
thing relating to the issue of receipts
or collection of fees, levies, charges,
rates and tariffs under this Act.
PART X - MISCELLANEOUS
26. Application of the Public
Protection Act.
shall be guilty of an offence and
liable on conviction to a fine not less
than Two Hundred Thousand Naira
(N200,000.00) or to imprisonment
for a term not exceeding two (2)
years or to both such fine and
imprisonment. Application of the
Public Officers Protection Act
Subject to the provisions of this Act,
the provisions of the Public Officers
Protection Act shall apply in relation
to any suit instituted against an
officer or employee of the
not affect anything done under or Authority.
pursuant to the Act.
(4) Every regulation, order,
requirement, certificate,
appointment with tenure, notice,
direction, decision, authorization,
consent, application, request or
thing made, issued, given or done
under the repealed Acts shall, if in
force at the commencement of
this Act, continue to be in force
and have effect as if made, issued,
given or done under the
corresponding provisions of this
Act.
(5). All assets, funds, resources and
other movable and immovable
property which, immediately
before the commencement of this
Act, vested in Agencies established
under the repealed Acts shall by
virtue of this Act and without
further assurance be vested in the

92
 Authority established under this
Act.
(6) The Statutory functions, rights,
interest, obligations and liabilities
of the Federal Roads Maintenance
Agency and the Department of the
Ministry responsible for
construction, rehabilitation and
maintenance of Federal Roads
before the commencement of this
Act under any contract, rights of
way, concessions or instrument
shall by virtue of this Act be
deemed to have been assigned to,
transferred or vested in the
Authority.
(7) Nothing in subsection (1) of this
section shall be construed to
preclude the power of the Ministry
to engage in the construction of
roads.

Secrecy. Notices

93
27.-(1) A member of the Board or the 27. The National Council on 27. A notice, summons or other
Managing Director or any other officer or Privatization shall, in consultation documents required or authorized
employee of the Agency shall- with the Minister in charge of to be served upon the Authority
(a) not, for his personal gain, make use of roads, not later than three months under the provisions of this Act or
any information which has come to his after the coming into force of this any other enacted law may be
knowledge in the exercise of his powers Act, take such steps as are served by delivering it to the
or is obtained by him in the ordinary necessary to bring into being the Managing Director or by sending it
course of his duty as a member of the institutional structures of the by registered post addressed to the
Board or as the Managing Director, Authority. Managing Director at any of the
officer or employee of the Agency; principal offices of the Authority or
(b) treat as confidential any information by electronic means through e-mail
which has come to his knowledge in the or website of the Authority.
exercise of his powers or is obtained by
him in the performance of his duties
under this Act;
(c) not disclose any information referred
to under paragraph (b) of this subsection,
except where required to do so by a court
or in such other circumstances as may be
prescribed by the Board, from time to
time.

(2) Any person who contravenes the

provisions of subsection (1) of this

94
section commits an offence and is liable
on conviction to a fine of not less than
N20,000 or imprisonment for a term not
exceeding two years or to both such fine
and imprisonment.

Establishment of Road Camps. Legal Proceedings.

28. The Agency may establish road camps
in each Local Government Area where 28. In this Act except the context 28. No civil action shall be
Federal Road is located.
otherwise requires: commenced against the Authority
or its authorised officers before the
“Authority “means the Federal expiration of a period of thirty (30)
Roads Authority established under days after written notice of
section 2 of this Act; intention to commence the suit shall
have been served on the Authority
“base camps” means the outfit or by the intending plaintiff or his
unit office established by the agent, and the notice shall clearly
Authority along Federal Roads; and explicitly state the:

“Board” means the Governing (a) cause of action;

Board of the Authority established
under section 3 of this Act; (b) particulars of the claim;

(c) name and place of abode of the

95
“COREN” means Council for the intending plaintiff; and
Registration of Engineers;
(d) relief sought.
“Federal Roads” means roads and
bridges owned by the Federal
Government and as gazette;

“function” includes power and

duty;

“geo-political zones” means the six

geo-political units of the
Federation;

“member” means a member of the

Board and includes the Chairman;

“Minister” means Minister in

charge of Federal Road
Infrastructure;

“Ministry” shall be construed

accordingly;

96
 "PPP" means Public Private
Partnership;

“President” means the President

of the Federal Republic of Nigeria;

“Power” includes functions and

duty.

Savings and Transitional Provisions. Indemnity of Officers of the

29.-(1) The statutory functions, rights, 29. This Act may be cited as the Authority
interest, obligations and liabilities of the Federal Roads Authority Bill, 2016.
department responsible for the 29. A member of the Board, the
maintenance of Federal Roads before the Managing Director, any officer or
commencement of this Act under any employee of the Authority shall be
contract or instrument by virtue of this indemnified out of the assets of the
Act shall be deemed to have been Authority against any liability
assigned to and vested in the Agency. incurred by him in defending any
proceeding, whether civil or
(2) All assets, funds resources and any criminal, in which judgment is given
other movable or immovable property in his favour or in which he is
which immediately before the acquitted, where such proceeding is
commencement of this Act, were vested brought against him in his capacity
as a member of the Board, the

97
in the department responsible for the Managing Director, officer or an
maintenance of the Federal Roads shall employee of the Authority.
be vested in the Agency.

(3) Any person who immediately before

the coming into force of this Act is the
holder of any office in the department
responsible for the maintenance of the
Federal Roads shall continue in office and
be deemed to have been appointed to
the office by the Agency.

Interpretation.
31. In this Act except the context
otherwise requires-
"Agency" means the Federal Roads
Maintenance Agency established by
Section 1 of this Act;
Confidentiality
30. (1) A member of the Board, or
the Board or the Managing Director
or any other officer or employee of
the Authority shall –

"Board" means the Governing Board
established for the Agency by Section 2 of
this Act;
(a) not, for his personal gain, make
use of any information which has
come to his knowledge in the
exercise of his power or is obtained
by him in the ordinary course of his

98
"Federal Roads" has the meaning given to
it by Section 28 of the Federal Highway
Act Cap. 135 ;
"Function" includes Power and Duty ;
"Geo-Political Zones" means the Geo-
Political units of the Federation;
"Member" means a member of the Board
and includes the Chairman;
"Minister" means the Federal Minister in
charge of'Federal Highways;
"Ministry" shall be construed
accordingly;
"President" means the President of the
Federal Republic of Nigeria ;
"Power" includes functions and duty; and
"Road Camps" means the outfit and or
99
duty as a member of the Board or as
a Managing Director, officer or
employee of the Authority;
(b) treat as confidential any
information which has come to his
knowledge in the exercise of his
power or is obtained by him in the
performance of his duties under this
Act; and
(c) not disclose any information
referred to under paragraph (b) of
this sub-section, except where
required to do so by a Court or in
such other circumstances as may be
prescribed by the Board from time
to time.
(2) Any person who contravenes
any of the provisions of sub-section
(1) of this section commits an
offence and shall be liable on
conviction to a fine of not less than
unit office established by the Agency
along Federal Roads in each Local
Government Area and include the
Federal Roads' Camps which cater for
clusters of Local Government Areas in
High population density urban areas.
Citation.
32. This Act may be cited as the Federal
Roads Maintenance Agency
(Establishment, etc.) Act, 2002.
THE SCHEDULE
SUPPLEMENTARY PROVISIONS RELATING
TO THE BOARD
PROCEEDINGS OF THE BOARD
Cap. 192 LFN.
100
Five Hundred Thousand Naira
(N500,000.00) or imprisonment for
a term not exceeding two (2) years
or both such fine and imprisonment.
Regulations
31. The Board may, with the
approval of the Minister, make such
regulations as in its opinion, are
necessary or expedient for giving full
effect to the provisions of the Act
and for the due administration of its
provisions.
Repeal, Savings and Transitional
Provisions
32. (1) The Federal Roads
Maintenance Agency
(Establishment etc.) Act, 2002; the
Federal Roads Maintenance Agency
1. Subject to this Act and Section 27 of
the Interpretation Act (which provides
for decisions of a statutory body to be
taken by a majority of its members and
for the person presiding at any meeting,
when a vote is ordered to have a second
or casting vote), the Board may make
standing orders regulating its
proceedings or that of any of its
Committees.
2. At every' meeting of the Board the
Chairman shall preside and in his
absence the members present at the
meeting shall appoint one of their
members to preside.
The quorum at a meeting of the Board
shall consist of the Chairman or, in an
appropriate case, the person presiding
at the meeting pursuant to paragraph 2
of this Schedule, and five other
members.
101
(Amendment, etc.) Act, 2007; of the
Federal Highways Act 1971 and the
Control of Advertisement (Federal
Highways) Act 1986 are hereby
repealed.
(2) Any subsidiary legislation, bye-
law, regulation, order, made, issued,
given or done under the repealed
Acts and which are in force at the
commencement of this Act, shall to
the extent that their provisions are
not inconsistent with any object or
provision in this Act, continue to be
in force and have effect as if made,
issued, given or done under this Act
until such a time that anything done
under this Act amends, overrides,
revokes or replaces it in any manner.
(3) Every instrument, contract,
requirement, certificate,
appointment with tenure, notice,
direction, decision, authorization,
4. The Board shall for the purposes of
this Act, meet not less than three times
in each year and subject, thereto, the
Board shall meet whenever it is
summoned by the Chairman, and if
required to do so, by notice given to the
Chairman by not less than five members,
the Chairman shall summon a meeting
of the Board to be held within 14 days
from the date on which the notice is
given.
5. Where the Board desires to obtain the
advice of any person on a particular
matter, the Board may co-opt him to the
Board for such period as it thinks fit, but
a person who is a member by virtue of
this sub-paragraphs shall not be entitled
to vote at any meeting of the Board and
shall not count towards a quorum.
6. Committees:
(1) Subject to its standing orders, the
Board may appoint such number of
102
consent, application, request or
thing made, issued, given or done
under the repealed Acts shall, if in
force at the commencement of this
Act, continue to be in force and have
effect as if made, issued, given or
done under this Act until such a time
that anything done under this Act
amends, overrides, revokes or
replaces it in any manner.
(4) Without prejudice to section 6
of the interpretation Act, the repeal
of the Act specified in subsection (1)
of this section, shall not affect
anything done under or pursuant to
the Act.
(5) Upon the Commencement of
this Act, such number of persons
employed by the Agency as may be
required by the Authority shall be
deemed to be staff of the Authority
and shall be transferred to the
standing and ad hoc Committees as it
thinks fit to consider and report on any
matter with which the Agency is
concerned.
(2) A committee appointed under this
paragraph shall-
(a) consist of such number of persons
(not necessarily members of the Board
as may be determined by the Board),
and a person other than a member of
the Board shall hold office on the
Committee in accordance with the terms
of his appointment; and
(b) be presided over by a member of the
Board.
(3) The quorum of any Committee set up
by the Board shall be as may be
determined by the Board.
(4) A decision of a Committee of the
Board shall be of no effect until it is
confirmed by the Board.
103
service of the Authority in line with
the provisions contained in section 8
of Schedule III to this Act.
(6) All assets, funds, resources and
other movable and immovable
property which, immediately before
the commencement of this Act,
vested in Agencies established
under the repealed Acts shall by
virtue of this Act and without
further assurance be vested in the
Authority established under this Act.
(7) The statutory functions, rights,
interest, obligations and liabilities of
the Federal Roads Maintenance
Agency and the department of the
Ministry responsible for
construction, rehabilitation and
maintenance of Federal Roads
before the commencement of this
Act under any contract, rights of
way, concessions or instrument

MISCELLANEOUS
7. The fixing of the seal of the Agency
shall be authenticated by the signature
of the Chairman, the Managing Director
or any other person generally or
specifically authorised by the Board to
act for that purpose.
8. Any contract or instrument which, if
made by a Person not being a body
corporate, would not be required to be
under seal may be made or executed on
behalf of the Agency by the Managing
Director or hy any other person
generally or specifically authorised by
the Board to act for that purpose.
shall by virtue of this Act be deemed
to have been assigned to,
transferred or vested in the
Authority.
(8) The Minister may within the
twenty-four (24) months after the
commencement of this Act, by order
published in the Gazette, make
additional saving or transitional
provisions in order to give better
effect to the objectives of this
section.

9. Any document purporting to be a

contract, instrument or other document
duly signed or sealed on behalf of the
Agency shall be received in evidence and
shall, unless the contrary is proved, be

104
presumed without further proof to have
been so signed or sealed.

10.-( I) The validity of any proceedings of

the Board or of any of its Committees
shall not be affected by-
(a) any vacancy in the membership of
the Board, or Committee; or
(b) any defect in the appointment ofa
member of the Board or Committee; or
(c) reason that any person not entitled
to do so took part in the proceedings of
the Board, or Committee.

11.-(1) A member of the Board who is

directly or indirectly interested in any
matter being deliberated on by the
Board or is interested in any contract
made or proposed to be made by the
Agency shall as soon as possible after
the relevant facts have come to his
knowledge, disclose the nature of his
interest at a meeting of the Board.

105
(2) A disclosure under subparagraph (1)
of this section shall be recorded in the
Minutes of the Meeting of the Board
and the member concerned shall-
(a) not, after the disclosure take part in
any deliberation or decision of the Board
on the issue ; and
(b) be excluded for the purpose of
constituting a quorum of any meeting of
the Board for any deliberation or
decision, with regard to the subject
matter in respect of which his interest is
so disclosed.

12. No member of the Board shall be

personally liable for any act or omission
done or made in good faith while
engaged on the business of the Agency.

EXPLANATORY MEMORANDUM Interpretation

This Act establishes a Federal Roads 33. In this Act except the context
Maintenance Agency as a statutory otherwise requires –
corporation and vests the Agency with “Advertisement" means any word,

106
the responsibility of monitoring and
maintaining all Federal Roads in the
Country.
The Act further transfers the
responsibility of maintaining Federal
Roads from Federal Ministry of Works
and Housing under Federal Highway Act
Cap. 135 to the Agency.
FEDERAL ROADS MAINTENANCE
AGENCY (AMENDMENT) ACT, 2007 2007
ACT No. 18 AN ACT TO AMEND THE
FEDERAL ROADS MAINTENANCE
AGENCY ACT No.7 OF 2002, BY
PROVIDING, AMONG OTHER THINGS, AN
ADDITIONAL SOURCE OF FUNDS FOR
THE , AGENCY ; AND FOR RELATED
MATTERS
[25th Day of May, 2007]
Commencement.
107
letter, model, sign, placard, board,
notice, device or representation,
whether illuminated or not, which is
employed wholly or partly for the
purposes of advertisement,
announcement or direction,
including any hoarding or similar
structure used, or adapted for use,
for the display of an advertisement
or a message that is not solely
serving a function that is traffic and
road use related;
“Authority “means the Federal
Roads Authority established under
section 3 of this Act;
“base camps” means the outfit or
unit office established by the
Authority along Federal Roads;
“Board” means the Governing Board
of the Authority established under
section 4 of this Act;
ENACTED by the National Assembly of
the Federal Republic of Nigeria-
Amendment of the Federal Road
Maintenance Act No.7 of 2002.
1. The Federal Road Maintenance Act,
2002 (in this Act referred to as the
"Principal Act",) is amended as set out in
this Act.
Substitution for Section 2 of the
Principal Act.
2. Substitute for Section 2 of the
Principal Act a new Section "2"-
(1) There shall be established for the
Agency, a fourteen member Governing
Board for the running of the affairs of
the Agency (in this Act referred to as the
"Board").
(2) The Board shall consist of-
(a) the Chairman, who shall be drawn
from the Private Sector;
(b) a representative of the-
108
“Federal Road(s)” means Federal
trunk roads, roads and bridges
owned by the Federal Government
including:
a. land acquired or existing as a
Federal road or highway
pursuant to any legislation,
subsidiary legislation, bye-
law, declaration or order
made before the
commencement of this Act
and gazetted in the Federal
Gazette;
b. land acquired under this Act
for the purpose of Federal
Roads;
c. Federal trunk roads within the
context of item 63 of part 1 of
the second schedule to the
Constitution of the Federal
(i) Director in charge of Federal
Highways Development,
(ii) the Federal Ministry of Finance,
(iii) NARTO,
(iv) Petroleum Pricing Regulatory Agency
(PPRA),
(v) Nigerian Association of Public
Highways and Transportation Officials
(NAPHTO),
(vi) the Federal Road Safety Corps,
(vii) from each of the Six Geo-Political
Zones, and
(c) the Managing Director of the Agency.
(3) Members of the Board shall be
appointed by the President subject to
confirmation by the Senate".
Substitution for section 5 (4) of the
Principal Act.
3. Substitute for section 5 (4) of the
Principal Act a new sub-section (4)-
"( 4) A member of the Board may,
subject to ratification of the National
109
Republic of Nigeria 1999
“Federal Road Network” means
Federal Roads (inclusive of Rights of
Way, Road Reserve, bridges, and
road furniture)
“geo-political zones” means the six
geo-political units of the Federation;
“member” means a member of the
Board and includes the Chairman;
“Minister” means Minister in charge
of Federal Road Infrastructure;
“Ministry” shall be construed
accordingly;
“Person” shall mean a natural
person, body corporate,
partnership, joint venture, co-
operative, trust, or other entity that
is recognized by the law as a distinct
body with the right to enter into
contracts and to own property;
"Private Sector Participation" means
Assembly by a simple majority vote, be
removed by the President, upon being
satisfied that it is not in the interest of
the Agency or the public that such
member should continue in the office".
Substitution for section 14 of the
Principal Act.
4. Substitute for section 14 of the
Principal Act a new section "14"-
14 (1) The Fund of the Agency shall
consist of -
(a) the take-off grant from the Federal
Government;
(b) annual subvention from the Federal
Government as provided in the
Appropriation Act;
(c) loans and grants-in-aid from federal,
bilateral and multilateral agencies;
(d) rents, fees and other internally
generated revenues from services
provided by the Agency;
(e) all monies collected from the toll
gates;
110
a business relationship procured
through a contractual agreement
whether by means of a concession,
Public-Private Partnership, joint
venture, or other agreement
between a government agency and
one or more private sector entities
for the purpose of the provision of a
project, service or facility by the
private sector that will serve the
public;
“President” means the President of
the Federal Republic of Nigeria;
“Road”/“road(s)” means Federal
Roads;
“Road Asset Management System”
means a central data repository that
stores, processes, displays and
reports information on the assets
within the road network to include
road inventory and condition,
bridge inventory and condition,
(j) such monies accruing from road
concessions;
(g) all other sum accruing to the Agency
from time to time;
(h) 5% user's charge on pump price of
petrol, diesel and of which 40% will
accrue to FERMA and 60% to be utilized
by the established State Roads
Maintenance Agencies; and
(i) international vehicles transit charge
as may be determined by the Hon.
Minister of Transportation.
(2) The Board shall cause the publication
of its funds under section 14 (h) of this
section to be utilized by the established
State Roads Maintenance Agencies and
its disbursement in the electronic and
print media from time to time".
Citation.
5. This Act may be cited as the Federal
Roads Maintenance Agency
(Amendment) Act, 2007.
111
classified traffic counts and axle
loadings for road agencies to
manage their road networks
transparently in an efficient and
effective manner;
“Road Reserve” means the land
means the land adjacent to the road
carriageway, to a width of 60meters
as specified in road regulations and
belonging to the Federal
Government of Nigeria and deemed
part of the Federal Road;
“Road Sector Regulator” shall mean
any person, body, agency,
organization specifically designated
by an Act of the National Assembly
with the functions and powers of
being a multi- sector transport
regulator responsible for the
regulation of matters which includes
the economic and safety regulation
of the road sector to such extent as
 determined under this Act or any
EXPLANATORY MEMORANDUM other Act.
This Act amends the Federal Road
Maintenance Agency Act, 2002 by
providing among other things an
additional source of funds for the
Agency.

CHAPTERF13 Short title

FEDERAL HIGHWAYS ACT
34. This Act may be cited as the
An Act to vest the powers of Federal Roads Act, 2017.
management, direction and control of
Federal highways throughout Nigeria in
the Minister of Works and Housing, in
respect of
planning (including research and
designing of Federal highways), the
construction and maintenance, the
supervision of users of such highways
and the regulation of traffic thereon.
[1971 No.4.]
[1st June, 1971]
[Commencement.]

112
 [L.N. 35 of 1971.]
Control of Federal highways
1. Minister to control, etc., Federal
Highways
(1) 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 (in this Act
referred to as "the Minister").

(2) The Minister shall have

responsibility-
(a) for the planning (including research
and designing) of Federal highways;
(b) for their construction and
maintenance;
(c) for the supervision of users thereof;
and
(d) for the regulation of traffic thereon.

(3) The Federal government may,

subject to the provisions of this Act,

113
delegate to the government of a State in
respect of traffic on Federal highways all
or any of the powers in subsection (5) of
this section as may be expedient in the
circumstances; and such powers may
further be delegated by the government
of a State to any local government
within that State.

(4) Where any power is delegated

pursuant to subsection (3) of this
section, it shall
be additional to and not in derogation of
any other power of the police in respect
of road traffic, and the power may
accordingly be sub-delegated to and be
exercised by any police officer.

(5) The powers referred to in subsection

(3) of this section, are-
(a) restriction on type or class of vehicle
and vehicle inspection;
(b) road diversion or closure where
necessary as a temporary measure;

114
(c) prohibition of parking or waiting as
the case may be on Federal highways or
on specific parking or waiting places and
on space reasonably required for
vehicles approaching or leaving premises
on or immediately adjoining a Federal
highway;
(d) prohibition of erection of hoardings
and other forms of advertising within a
distance of three hundred feet from the
middle line of any road formation in the
vicinity of a Federal highway or within
the distance aforesaid from the middle
line of the Federal highway;
(e) generally ensuring the uninterrupted
flow of vehicular and pedestrian traffic.
(6) Penalties prescribed for the
infringement of any regulations made by
the Minister under the power conferred
by this Act shall, apply and have effect in
respect of powers delegated under and
for the purposes of this section to the like
extent as if the regulations had been
made contemporaneously with the

115
operation of any such delegation as
aforesaid under this section and had so
provided.

2. Power to erect toll gates, etc. Schedule I SCHEDULE I

(I) The Minister shall have power to erect,
equip and maintain toll gates on any Supplementary Provisions SUPPLEMENTARY PROVISIONS
Federal highway as and when required, Relating To The Board RELATING TO THE PROCEEDINGS
with the approval of the President. OF THE BOARD
Proceedings Of The Board [Section 3(4)]
(2) Without prejudice to the generality of [Section 3(4)]
subsection (1) of this section, the 1. Subject to this Act and section 1. Subject to this Act and section
Minister 27 of the Interpretation Act (which 27 of the Interpretation Act
may prescribe such fees, dues or charges provides for decisions of a (which provides for decisions
that may be payable at any toll gate statutory body to be taken by a of a statutory body to be
erected equipped or maintained majority of its members and for taken by a majority of its
pursuant to subsection (I) of this section. the person presiding at any members and for the person
meeting, when a vote is ordered to presiding at any meeting,
(3) In the exercise of the powers have a second or casting vote), the when a vote is ordered to
conferred upon the Minister by Board may make standing orders have a second or casting
subsection (2) of this section. the regulating its proceedings or that vote), the Board may make
Minister may classify the categories of of any of its Committees. standing orders regulating its
vehicles plying or passing through any toll proceedings or that of any of
gate covered by the provisions of this Act

116
and the amount payable by such 2. At every meeting of the Board, its Committees.
category of vehicles. the Chairman shall preside and in
his absence the members present 2. At every meeting of the Board,
(4) The Minister may authorise in writing at the meeting shall appoint one of the Chairman shall preside
any officer, agent or person to exercise their members to preside. and in his absence the
any members present at the
of the powers conferred upon him by 3. The quorum at a meeting of the meeting shall appoint one of
subsections (1), (2) and (3) of this section. Board shall consist of the their members to preside.
Chairman or, in an appropriate
(5) The Minister may make such order case, the person presiding at the 3. The quorum at a meeting of
which may be published in the Federal meeting pursuant to paragraph 2 the Board shall consist of the
Gazette or issue such notice as he may of this Schedule, and five other Chairman or, in an
deem necessary in respect of fees, dues members. appropriate case, the person
and charges payable under this Act. presiding at the meeting
4. The Board shall for the purpose pursuant to paragraph 2 of
(6) For the purposes of this Act "vehicle" of this Act, meet not less than this Schedule, and five other
includes motorcycle. three times in each year and members.
(7) Any person who wilfully- subject, thereto, the Board shall
(a)prevents or obstructs any authorised meet whenever it is summoned by 4. The Board shall for the purpose
officer, agent or person in the the Chairman, and if required to of this Act, meet not less than three
performance of his function under this do so, by notice given to the times in each year and subject,
Act; or Chairman by not less than eight thereto, the Board shall meet
members, the Chairman shall whenever it is summoned by the
summon a meeting of the Board to Chairman, and if required to do so,

117
(b) fails to pay to any officer, agent or be held within 14 days from the by notice given to the Chairman by
person empowered to collect any fees, date on which the notice is given. not less than eight members, the
dues Chairman shall summon a meeting
or charges payable under this Act; or 5. Where the Board desires to of the Board to be held within 14
(c) withholds any fees, dues or charges obtain the advice of any person on days from the date on which the
paid under this Act; or a particular matter, the Board may notice is given.
(d) does any other fraudulent act or thing co-opt him to the Board for such
relating to the issue of receipts or period as it thinks fit, but a person 5. Where the Board desires to
collection of fees, dues or charges under who is a member by virtue of this obtain the advice of any person on a
this Act, shall be guilty of an offence and sub-paragraph shall not be particular matter, the Board may co-
liable on conviction to a fine not entitled to vote at any meeting of opt him to the Board for such period
exceeding N10,000 or to imprisonment the Board and shall not count as it thinks fit, but a person who is a
for a term not exceeding five years or to towards a quorum. member by virtue of this sub-
both such fine and imprisonment. paragraph shall not be entitled to
6. (a) Subject to its standing vote at any meeting of the Board
(8) Any person who commits any offence orders, the Board may appoint and shall not count towards a
punishable under subsection (7) of this such number of standing and ad quorum.
section shall be tried at the Federal High hoc Committees as it thinks fit to 6. (a) subject to its standing orders,
Court. consider and report on any matter the Board may appoint such number
with which the Authority is of standing and ad hoc Committees
(9) Where under this section any power concerned. as it thinks fit to consider and report
is delegated and in relation thereto an act on any matter with which the
or omission is an offence under this Act (b) A committee appointed under Authority is concerned.
and also an offence under any road traffic this paragraph shall:

118
enactmerit in force in a State, the (b) a committee appointed under
provisions, of this Act as to offences shall (i) consist of such number of this paragraph shall -

prevail so however that where before the persons (not necessarily members
coming into force of this Act proceedings of the Board as may be (i) consist of such number of persons
commenced in respect of an act or determined by the Board), and a (not necessarily members of the
omission which is an offence under a person other than a member of Board as may be determined by the
road traffic enactment in a State and the the Board shall hold office on the Board), and a person other than a
penalty prescribed differs from any Committee in accordance with the member of the Board shall hold
prescribed for the like offence terms of his appointment; and office on the Committee in
hereunder, any prosecution may, if the accordance with the terms of his
case has not been disposed of on the (ii) be presided over by a member appointment; and
commencement of this Act, be continued of the Board.
(ii) be presided over by a member of
as if this Act had not been made.
the Board
(b) The quorum of any Committee
3. Power to acquire land for Federal set up by the Board shall be as (c) the quorum of any Committee
highway determined by the Board. set up by the Board shall be as
(1) The Federal Government may in determined by the Board.
consultation with the government of the (c) A decision of a Committee of
State the Board shall be of no effect until (d) a decision of a Committee of the
concerned, from time to time in such it is confirmed by the Board. Board shall be of no effect until it is
manner as it may prescribe, acquire land confirmed by the Board.
for the purposes of this Act and when so Miscellaneous
Miscellaneous
acquired such land shall be deemed to be
a Federal highway within the meaning of

119
this Act; and such land may be disposed 7. The fixing of the seal of the 7. The fixing of the seal of the
of in accordance with the law of the area Authority shall be authenticated Authority shall be
concerned; in this subsection, the by the signature of the Chairman, authenticated by the
reference to land includes reference to a the Managing Director, or any signature of the Chairman,
road, other than a Federal highway, other person generally or the Managing Director, or any
formed on land. specifically authorized by the other person generally or
Board to act for that purpose. specifically authorized by the
(2) Except in respect of roads which are Board to act for that purpose.
deemed to be Federal highways, 8. Any contract or instrument
compensation shall be paid pursuant to which, if made by a Person not 8. Any contract or instrument
the Land Use Act, for land acquired under being a body corporate, would not which, if made by a Person
subsection (1) of this section after the be required to be under seal may not being a body corporate,
commencement of this Act. be made or executed on behalf of would not be required to be
the authority by the Managing under seal may be made or
[Cap. LS.] Director or by any other person executed on behalf of the
(3) Where land at the commencement of generally or specifically authorized authority by the Managing
this Act or at any time thereafter is part by the Board to act for that Director or by any other
of a Federal highway, the ownership shall purpose. person generally or
include not only the surface but also the specifically authorized by the
subsoil to an indeterminable depth; and 9. Any document purporting to be Board to act for that purpose.
user adverse to that as a Federal highway a contract, instrument or other
shall operate in favour of level crossings document duly signed or sealed on 9. Any document purporting to
constructed by the Nigerian Railway behalf of the Authority shall be be a contract, instrument or
Corporation and then only where a train received in evidence and shall, other document duly signed

120
or engine is approaching and within half unless the contrary is proved, be or sealed on behalf of the
a mile of a level crossing. presume without further proof to Authority shall be received in
have been so signed. evidence and shall, unless the
(4) It is declared for the avoidance of contrary is proved, be
doubt that in the application of this 10. -(1) The validity of any presume without further
section, an proceedings of the Board or of any proof to have been so signed.
acquisition of land for the purposes of of its Committees shall not be
this Act shall be for a public purpose of affected by: 10. (1) The validity of any
the Federation within the meaning of the proceedings of the Board or
Land Use Act. (a) any vacancy in the membership of any of its Committees shall
of the Board, or Committee; or not be affected by-
(5) The acquisition of land for the
purposes of this Act includes the right to (b) any defect in the appointment (a) any vacancy in the membership
obtain of a member of the Board or of the Board, or Committee; or
control over the land and to use the land Committee.
(b) any defect in the appointment
for the erection of buildings and for the
of a member of the Board or
supervision of the user by the public.
Committee.
4. Drainage and other works
(1) The Minister may in the performance
of his duties under this Act make and
there
after maintain in respect of any Federal
highway, convenient decking and

121
drainage work for the purpose of making
good any interruptions caused to the use
of the lands of adjoining owners or
occupiers through which such Federal
highway passes or is made, or of diverting
storm or other water from a Federal
highway.

(2) For all or any of the purposes in

subsection (I) of this section, the Minister
may
enter upon land adjoining the Federal
highway subject to the giving of
reasonable notice to owners or occupiers
and doing as little damage as possible
through such entry or exit after entry;
and in the course thereof the Minister
may block up, divert or alter the level or
course of water flowing in defined
channels, natural or artificial, or
otherwise contained by any means.

122
(3) Nothing in this section shall require
the Minister to provide convenient
decking or drainage work-
(a) where the owners or occupiers have
failed to make representations during the
time that the section of the Federal
highway affected, adjoining or passing
through their land was in course of
construction; or
(b) where owners or, as the case may be,
occupiers of the adjoining land have
agreed to receive and have been paid
compensation; or
(c) where decking and drainage work
provided by the Minister is thereafter
diverted or altered otherwise than by the
Minister.
(4) In the exercise of his power under this
section, the Minister may require any
person having apparent control over the
location of any pipe, electric wire or post
to alter the level or position thereof as
the case may require after reasonable
notice of the requirement has been duly

123
given; and the Minister shall in the course
of road works generally cause as little
inconvenience as possible to persons
affected.

(5) The failure to comply with the

requirement of the Minister directed or
given to
any person under this section shall be an
offence punishable on conviction by a
fine of not less than N100 or more than
N200 or by imprisonment for a term of
three months, or by both such fine and
imprisonment.

(6) In this section, "convenient" in

relation to decking and drainage works,
means of use or benefit to road users or
as the case may be adjoining owners or
occupiers.
Offences

5. Causing death by reckless or

dangerous driving

124
Any person who causes the death of
another person by the driving of a motor
vehicle on a Federal highway recklessly,
or at a speed or in a manner which is
dangerous to the public. having regard to
all the circumstances of the case,
including the nature, condition and use of
the Federal highway. and the amount of
traffic which is actually at the time, or
which might reasonably be expected to
be. on the Federal highway, shall be
guilty of an offence and liable on
conviction to imprisonment for a term of
seven years.

6. Reckless, etc., driving on Federal Schedule II SCHEDULE II - EXECUTION OF THE

highway
(1) Any person who drives a motor
vehicle on a Federal highway recklessly or
negli-
gently, or at a speed or in a manner which
is dangerous to the public, having regard
to all the circumstances of the case
including the state, condition. and use of
ROAD MANAGEMENT TASK
Execution Of Road Management
Task Form of Execution of Road Form of Execution of Road
Management Function Management Function
1. (1) The Board shall carry out its
1.-(1) The Board shall carry out its road management function through
road management function executing agencies which may be
through executing agencies which either of road management

125
that highway, and to the amount of may be either of road consultants, road agencies or agents
traffic which at the time is or might management consultants, road of state or local government
reasonably be expected to be on that agencies or agents of local authorities.
highway shall be guilty of an offence and government authorities.
liable on conviction to a fine of four (2) It shall be the duty of the Board
hundred naira or to imprisonment for (2) It shall be the duty of the Board to prepare and publish guidelines
two years or to both such fine and to prepare and publish guidelines and procedures as to the manner of
imprisonment. and procedures as to the manner the discharge of these functions by
of the discharge of these functions these executing agencies and the
(2) if upon the trial of a person for an by these executing agencies and Authority shall ensure that these
offence under section 4 of this Act, the the Authority shall ensure that guidelines and procedures are such
court is not satisfied that the person's these guidelines and procedures as to ensure transparent,
driving was the cause of the death but is are such as to ensure transparent, accountable and cost-effective
satisfied that he is guilty of driving as accountable and cost-effective performance of their duties by these
mentioned in subsection (1) of this performance of their duties by agencies.
section, the court may convict that these agencies. 2. (1) Without prejudice to the
person of an offence under this section. foregoing, the guidelines and
2. -(1) Without prejudice to the procedures shall amongst other
7. Careless and inconsiderate driving foregoing, the guidelines and matters address issues relating to
(1) Any person who drives a motor procedures shall address issues preparation and approval of plans
vehicle on a Federal highway without due relating to preparation and and programmes, procurement of
care approval of plans and works, financial management of
and attention, or without reasonable programmes, procurement of works, disbursement of funds.
consideration for other persons using the

126
Federal highway shall be guilty of an
offence and be liable on conviction to a
fine of one hundred naira or in the case
of a second subsequent conviction. to a
fine of two hundred naira or to
imprisonment for six months or to both
such fine and imprisonment.
(2) Where a person is charged with an
offence under section 6 of this Act and
the
court is of the opinion that the offence is
not proved, then at any time during the
hearing or immediately thereafter the
court may, without prejudice to any
other power exercisable by the court.
direct or allow a charge for an offence
under this section to be preferred
forthwith against that person and may
thereupon proceed with that charge, so
however that the person charged or his
counsel shall be informed of the new
charge and be given an opportunity,
whether by way of cross-examining any
works, financial management of 3. (2) It shall be the duty of the
works, disbursement of funds. Authority to ensure awareness and
understanding by the road agencies
(2) It shall be the duty of the of these guidelines and procedures
Authority to ensure awareness and their due implementation.
and understanding by the road
agencies of these guidelines and Any of the above executing agencies
procedures and their due may be engaged by the Authority to
implementation. prepare and submit to the Authority
annual work plans covering the road
3. Any of the above executing network under its responsibility, not
agencies may be engaged by the later than four months before the
Authority to prepare and submit to beginning of the next fiscal year.
the Authority annual work plans Preparation and Adoption of
covering the road network under Annual Work Plans
its responsibility, not later than
four months before the beginning 4 (1) The Board will prepare and
of the next fiscal year. adopt manuals of procedures
defining its way of collaboration
Preparation and Adoption of with the different types of executing
Annual Work Plans agencies, including financial
management systems, maintenance
4.-(1)The Board will prepare and management systems,
adopt manuals of procedures management information systems,
127
witness whose evidence has already defining its way of collaboration procurement and disbursement
been given against him or otherwise. of with the different types of procedures, etc. to be adopted by
answering the new charge, and the court executing agencies, including the executing agencies.
shall if it considers that he is prejudiced financial management systems,
in his defence by reason of the new maintenance management (2) The Authority shall execute its
charge being so preferred, adjourn the systems, management duty with due regard to
hearing. information systems, environmental issues.
procurement and disbursement
8. Driving under influence of drink: procedures, etc. to be adopted by
power to disqualify from driving in the executing agencies.
certain
cases (2) The Authority shall execute its
(1) Any person who when driving or duty with due regard to
attempting to drive, or when in charge of environmental issues.
a motor vehicle on a Federal highway is
under the int1uence of drink or drugs to
such an extent as to be incapable of
having proper control of such vehicle.
shall be guilty of an offence and liable on
conviction to a fine of four hundred naira
or to imprisonment for two years, or to
both such fine and imprisonment.

128
(2) If a person is convicted under this
section or under section 4, 5 or 6 of this
Act he shall unless the court for any
special reason otherwise orders, be
disqualified for a period of twelve
months or if the court thinks fit, for any
greater period (from the date of the
conviction) from holding or obtaining a
driving licence.

9. Power of arrest in certain cases

A police officer may arrest without
warrant the driver of a motor vehicle on
a Federal highway who within his view
commits an offence under section 5, 6, 7
or 8 of this Act, unless the driver either
produces his licence to drive or produces
other evidence of his identity acceptable
to the police officer.

10. Drivers of motor vehicles to have

driving licences
(1) A person shall not drive on a Federal
highway a motor vehicle of any class or

129
description unless, he is the holder of a
valid licence authorising him to drive a
motor vehicle of that class or description.

(2) A person shall not employ another

person to drive on a Federal highway a
motor
vehicle of any class or description unless,
the person employed is the holder of a
valid licence authorising the person
employed to drive a motor vehicle of that
class or description.

(3) A person who acts in contravention of

subsection (1) or (2) of this section shall
be guilty of an offence and liable on
conviction to a fine of one hundred naira
or in the case of a second or subsequent
offence to a fine of two hundred naira or
to imprisonment for six months or to
both such fine and imprisonment.

11. Offences relating to licences and

identification marks

130
(1) Any person who for purposes
incidental to user on a Federal highway
(and
whether or not so used)-
(a) forges, or fraudulently defaces. alters,
adds to or multilates, any driving or
vehicle licence or identification mark;
(b) exhibits or uses any driving or vehicle
licence, or identification mark which has
been forged or defaced;
(c) lends or allows to be used by any
other person any such licence as
aforesaid or
identification mark pertaining to another
vehicle; or
(d) uses a driving licence belonging to
another person or exhibits or uses on a
vehicle any licence upon which figures or
particulars have become illegible, or
exhibits or uses on a vehicle any
colourable imitation of a licence to which
he is not entitled,
shall be guilty of an offence.

131
(2) Any person who drives on a Federal
highway a motor vehicle required to bear
a prescribed identification mark without
that identification mark or with a false
identification mark shall be guilty of an
offence.

(3) In this section the burden of proof of

any absence of intent to commit an
offence
shall lie upon the person charged
therewith.

12. Driving without authority of owner

of motor vehicle
Any person who on a Federal highway
drives a motor vehicle on any occasion
without the authority express or implied
of the owner shall, be guilty of an
offence and liable on conviction to a fine
of N100 or to imprisonment for six
months, or to both such fine and
imprisonment.

132
13. Failure to report accidents
(1) Where an accident occurs on a
Federal highway by reason of the use of a
motor
vehicle or trailer and injury is caused to
any person, property, or livestock in the
charge of any person, the driver of the
motor vehicle shall-
(a) immediately stop the vehicle;
(b) when requested so to do furnish his
name and address, the name and address
of the owner of the vehicle, the
identification mark of the vehicle, and
other particulars relating thereto to any
person to whom or to the owner or
person in charge of the property or of the
livestock to which, the injury or other
damage has been caused, or to any police
officer;
(c) if the person injured so requests, (and
in case that person is unconscious or the
injury caused to that person appears to
endanger life) do all things reasonably
practicable to attend to the injured
Schedule III SCHEDULE III - TRANSFER OF
ASSETS
Transfer of Assets
1. All Assets and funds which
1. All Assets and funds which immediately before the
immediately before the commencement of this Act were
commencement of this Act were vested in the Federal Roads
vested in the Federal Roads Maintenance Agency set up under
Maintenance Agency “the Agency” the Federal Roads Maintenance
and the department of the Agency (Establishment etc.) Act,
Ministry responsible for 2002 and the Federal Roads
construction, rehabilitation and Maintenance Agency (Amendment,
maintenance of Federal Roads etc.) Act, 2007
shall by virtue of this Act be vested “the Agency” and the department of
in the Federal Roads Authority. the Ministry responsible for
Provided that nothing in this Act construction, rehabilitation and
shall be construed to preclude the maintenance of Federal Roads shall
power of the Ministry responsible by virtue of this Act be vested in the
for roads from engaging in the Federal Roads Authority.
construction of roads.
2. All references in this schedule to
2. All references in this schedule the Agency shall mean and include
to the Agency shall mean and the department of the Ministry of
include the department of the Works responsible for construction,
133
person so as to procure for him medical
attention and, where necessary, his
removal to a hospital, and the driver
aforesaid shall report the accident as
early as possible to the nearest police
station;
and
(d) where a case is not within paragraph
(c) of this subsection, report the accident
as soon as possible (not later in any event
than 24 hours from the time when the
accident occurred) to the nearest police
station.
(2) Any person who fails to comply with
any of the requirements of subsection (I)
of this section shall be guilty of an offence
under this Act.
14. Failure to supply, etc., information
lawfully demanded
(l ) Any person suspected of having
committed an offence under this Act, and
who
Ministry of Works responsible for rehabilitation and maintenance of
construction, rehabilitation and Federal Roads.
maintenance of Federal Roads.
3. All bonds, hypothecations,
3. All bonds, hypothecations, securities, deeds, contracts,
securities, deeds, contracts, instruments, documents, and
instruments, documents, and working arrangements with respect
working arrangements with to the assets transferred, that
respect to the assets transferred, subsisted immediately before the
that subsisted immediately before commencement of this Act and to
the commencement of this Act which the Agency was a party shall
and to which the Agency was a be as fully effective and enforceable
party shall be as fully effective and against or in favour of the Authority
enforceable against or in favour of as if, instead of the Agency, the
the Authority as if, instead of the Authority had been named therein.
Agency, the Authority had been
named therein. 4. Any cause of action or proceeding
which existed or was pending with
4. Any cause of action or respect to the assets transferred by
proceeding which existed or was or against the Agency immediately
pending with respect to the assets before commencement of this Act,
transferred by or against the shall be enforced or continued, as
Agency immediately before the case may be, by or against or in
commencement of this Act, shall favour of the Authority in the same
134
refuses without lawful excuse to give a be enforced or continued, as the way that it might have been
police officer his name and address or case may be, by or against or in enforced or continued by or against
such other information that may favour of the Authority in the same the Agency had this Act not been
reasonably be demanded of him by the way that it might have been passed.
police officer, or who gives a false name enforced or continued by or
or address or false information, shall be against the Agency had this Act not 5. No action or other proceeding
guilty of an offence. been passed. shall be commenced against the
(2) The owner and any other person in Authority in respect of an employee
control or apparent control of a vehicle 5. No action or other proceeding or asset that has been transferred to
or of shall be commenced against the the Authority, where, if there had
any animals on a Federal highway shall on Authority in respect of an been no transfer, the time for
lawful demand by a police officer, give to employee or asset that has been commencing the action or other
that officer information which the owner transferred to the Authority, proceeding would have expired.
or other person aforesaid may have where, if there had been no
concerning any offence involving the use transfer, the time for commencing 6. Nothing in this Act and nothing
of the vehicle or the driving of animals onthe action or other proceeding done as a result of a transfer under
the Federal highway at the time of the would have expired. sub-paragraph (1) of this paragraph
offence, and the failure to comply with shall create any new cause of action
any such lawful demand shall itself be an 6. Nothing in this Act and nothing in favour of:
offence under this Act. done as a result of a transfer under
sub-paragraph (1) of this (a) a holder of a debt instrument
15. Overloading or driving a vehicle in an paragraph shall create any new that was issued by the Agency
unsafe condition cause of action in favour of: before the commencement of this

135
Where on a Federal highway an offence
relating to the overloading of a
commercial
vehicle or of driving a commercial vehicle
in an unsafe condition or at a speed
exceeding that prescribed by law is
committed, the persons liable to
conviction in respect of the offence shall
be-
(a) the driver:
(b) the owner if not also the driver; and
(c) a bailee if not also the driver.
so however that proceedings against any
person as owner or bailee under
paragraph (b) or
(c) of this section shall not be instituted
without the approval of the Attorney-
General of the Federation, and it shall be
a good defence to a prosecution if the
owner or bailee as aforesaid, proves to
the satisfaction of the court that no act or
omission on his part was conducive to the
commission of the offence.
(a) a holder of a debt instrument Act; and
that was issued by the Agency
before the commencement of this (b) a party to a contract with the
Act; and Agency that was entered into before
the commencement of this Act. 

(b) a party to a contract with the
Agency that was entered into 7. Any guarantee or surety-ship
before the commencement of this given or made by the Federal
Act. Government or any other person in
respect of any debt or obligation of
7. Any guarantee or surety-ship the Agency, and which was effective
given or made by the Federal immediately before the transfer of
Government or any other person the principal debt or obligation,
in respect of any debt or obligation shall remain fully effective against
of the Agency, and which was the guarantor or surety on and after
effective immediately before the the transfer date in relation to the
transfer of the principal debt or payment of the debt or the
obligation, shall remain fully performance of the obligation, as
effective against the guarantor or the case may be, by the Authority to
surety on and after the transfer which the principal debt or
date in relation to the payment of obligation was transferred.
the debt or the performance of the
obligation, as the case may be, by Transfer of Employees
the Authority to which the
136
 principal debt or obligation was 8. (1) Upon the Commencement of
16. Use of motor vehicle for purposes transferred. this Act, such number of persons
other than licensed employed by the Agency as may be
Any person who uses a motor vehicle for Transfer of Employees required by the Authority shall be
a purpose other than that for which it is deemed to be staff of the Authority
licensed shall be guilty of an offence; and 8. -(1) Upon the Commencement and shall be transferred to the
save in the case of driving without a of this Act, such number of service of the Authority on terms
licence (in respect of which a different persons employed by the Agency not less favourable than those
penalty may be imposed) nothing in this as may be required by the enjoyed immediately prior to the
Act shall affect or diminish the liability of Authority shall be deemed to be transfer.
the driver or, as the case may be, the staff of the Authority and shall be
owner or bailee of the vehicle or as a dri transferred to the service of the (2) The service rendered by an
ver under any other enactment or rule of Authority on terms not less employee transferred pursuant to
law. favourable than those enjoyed sub-paragraph (1) of this paragraph
immediately prior to the transfer. to the Agency shall be deemed to be
17. Offences in respect of which service with the Authority for the
penalties are not elsewhere prescribed (2) The service rendered by an purpose of determining
Where in respect of an offence under this employee transferred pursuant to employment related entitlements
Act no penalty is prescribed, the court sub-paragraph (1) of this as specified in the relevant laws of
convicting may in the case of a first paragraph to the Agency shall be employment in Nigeria.
offence, impose a penalty by way of fine deemed to be service with the (3) Until such time as conditions of
of two hundred naira or of imprisonment Authority for the purpose of service are drawn up by the
for a term of twelve months or both, and determining employment related Authority:
in respect of a second or any subsequent entitlements as specified in the

137
offence (whether of the same kind or relevant laws of employment in (a) the terms and conditions of
not) the penalty shall be imprisonment Nigeria. service applicable to employees of
for a term of eighteen months without the Agency shall continue to apply
the option of a fine unless the court (3) Until such time as conditions of to every person transferred to the
otherwise considers that a fine will be service are drawn up by the Authority as if every such person
appropriate in the circumstances. Authority: were still in the service of the
Agency; and
18. Power of police officer to retain (a) the terms and conditions of
driving licence, etc. service applicable to employees of (b) the Authority shall continue to
(1) Notwithstanding any other provision the Agency shall continue to apply contribute towards any pension
of this Act, if a police officer is of the to every person transferred to the scheme to which the Agency was
opinion on reasonable grounds that Authority as if every such person contributing in respect of persons in
there may be difficulty in effecting were still in the service of the the employ of the Agency prior to
service of a summons, he may demand Agency; and the transfer date. 

and retain the driving licence of any (4) Nothing in this paragraph shall
person who commits or is suspected by (b) the Authority shall continue to operate so as to prevent any
him of having committed an offence contribute towards any pension employee of the Agency from
under this Act. scheme to which the Agency was resigning or being dismissed from
contributing in respect of persons service.
(2) Where a driving licence is retained, in the employ of the Agency prior
whether or not pursuant to this section, to the transfer date. (5) Nothing in this paragraph shall
the operate so as to create an
police officer retaining the licence shall (4) Nothing in this paragraph shall entitlement for any employee of the
give a written receipt for it and inform operate so as to prevent any Agency to become an employee of

138
the person surrendering the licence of em-ployee of the Agency from the Authority.
the name of the police station at which it resigning or being dismissed from
may be reclaimed. service. Directions to the Agency

9. (1) The Minister may give the

(3) If a summons in respect of an offence (5) Nothing in this paragraph shall members of the Board of the Agency
under this Act is served on the person operate so as to create an directions in writing in order to
whose driving licence is retained by the entitlement for any employee of ensure the proper transfer of the
police or that person appears personally the Agency to become an assets of the Agency to the
at the nominated police station not later employee of the Authority. Authority and the Agency shall
than three days after retention of the without delay, comply with every
driving licence, he may have it returned Directions to the Agency such direction.
to him upon giving to the police a receipt
therefor, duly signed and dated by him. 9. -(1) The Minister may give the (2) Without derogating from sub-
members of the Board of the paragraph (1) of this paragraph,
19. Power to nominate driver of vehicle Agency directions in writing in directions given under that sub-
in public service, etc. order to ensure the proper paragraph may provide for -
Notwithstanding the provisions of any transfer of the assets of the
other enactment or rule of law, where in Agency to the Authority and the (a) the cessation of all or any of the
respect of vehicles used in the public Agency shall without delay, functions of the Agency;
services of the federation or of a State an comply with every such direction.
(b) the termination of any contract
offence under this Act is committed on a
entered into between the Agency
Federal highway, the Ministry or other (2) Without derogating from sub-
and any person, provided that no
department of State in whose service paragraph (1) of this paragraph,
such direction shall authorise the
(Federal or otherwise) the vehicle is used,

139
may nominate an official as the person directions given under that sub- Agency to commit an unlawful
responsible for the offence. and that paragraph may provide for: breach of any such contract; and
person shall be deemed to be the person
actually liable therefor unless the court (a) the cessation of all or any of the (c) the production of any report and
hearing the charge is satisfied that the functions of the Agency; the provision of any information
driver of the vehicle was in fact the concerning the conduct of the
person guilty of the offence. (b) the termination of any contract 
Agency or the members of the
entered into between the Agency board of the Agency or anything
20. Recovery of expenses incurred and any person, provided that no done by or on behalf of the Agency
consequent upon damage to federal such direction shall authorise the or the members of the Agency.
highways Agency to commit an unlawful
(1) Where any structural damage to any breach of any such contract; and
pm1 of a Federal highway, or to the
information of or to any decking or (c) the production of any report
drainage work as part of a Federal and the provision of any
highway, has been caused by any person information concerning the
whether or not that person has been conduct of the Agency or the
charged with an offence causing such members of the board of the
damage or with any other offence under Agency or anything done by or on
this Act (or under any other enactment or behalf of the Agency or the
law), the Minister shall recover the cost members of the Agency.
of making good such damage from the
person causing or responsible for the
damage. the owner or driver of the

140
motor vehicle or thing that caused such
damage, or all of them, jointly or, in the
case of an exempt vehicle, from any of
the persons aforesaid.

(2) Where damage is caused as aforesaid,

the Director or any person acting under
his authority shall, with the assistance of
a police officer seize the motor vehicle or
thing involved in the damage, or cause it
to be seized. and remove same to any
premises under the control of the Federal
Government or the government of a
State. and may for such purpose use such
force as may be reasonably necessary for
the seizure or removal, or for gaining
access to it or any pal1 thereof in order to
facilitate its seizure or removal.

(3) The cost of making good the damage

shall be assessed and certified in writing
by
the Director, who shall immediately
thereafter serve the certificate of such

141
assessment on the person to whom
subsection (I) of this section relates; and
the certificate shall contain a demand
notice for the payment of the cost (as
thus certified) into the Consolidated
Revenue Fund of the Federation.

(4) The certificate of the Director shall be

conclusive evidence of the cost of making
good the damage, and the amount as
thus certified shall be a debt due to the
Federal Government and shall, subject to
the provisions of this section be
recoverable as such.

(5) Any vehicle or thing seized pursuant

to subsection (2) of this section, shall be
detained in the said premises until the
amount of the cost of making good the
damage as certified under subsection (3)
of this section, has been paid in the
manner specified in the said subsection
(3) or until disposal thereof in pursuance
of subsection (6) of this section.

142
(6) The Minister may by regulations
provide for the maintenance of places to
which
such vehicle or thing may be removed
and such suitable facilities as may be
necessary for its safe custody, and may
also by regulations, prescribe the
procedure for reclaiming it and for its
disposal by sale or otherwise:

Provided that where a sale is made

pursuant to this subsection and-
(a) the sum realised exceeds the sum
stated in the certificate, the excess sum
shall
be refunded to the owner of the vehicle
or thing;
(b) the sum stated on the certificate
exceeds the sum realised, the
outstanding sum
shall be recoverable from the person
responsible for the damage and where a
sale is so made, the Minister or any

143
person acting on his behalf shall ensure
that the best price available is obtained
for the vehicle or thing, as the case may
be.

(7) The foregoing provisions of this

section are in addition to and not in
derogation of any penalty for offences
that may be imposed on the conviction of
any person for any offence under this Act
or under any other enactment or law,
and the provisions of this Act shall apply-
(a) where more than one motor vehicle
or thing is involved in the damage so
caused:
(b) notwithstanding that any civil action
or suit has been commenced or instituted
or is contemplated by or against any
person; and
(c) whether or not the person on whom
the certificate of assessment of damage
is
served in accordance with subsection (3)
of this section is the person charged with

144
causing the damage or proved to have
caused the damage or to have been guilty
of any offence under this Act or under
any other enactment or law:

Provided that where negligence leading

to the damage is attributable wholly or
substantially to a person, that person
shall be proceeded against to the
exclusion of other persons contributing
to the damage.

(8) The foregoing provisions of this

section are without prejudice to the right
of any
person claiming to be innocent of the
damage to recover from any other
person through the due process of the
law, the amount which he had paid
pursuant to the foregoing provisions of
this section.

(9) In this section-

"the Director" means-

145
(a) the Director of Federal Public Works
in the Federal Ministry of Works and
Housing; or
(b) any State director of public works
(however designated) to whom the
powers
of the Director of Federal Public Works
are delegated by the Minister by an order
published in the Federal Gazette, so
however that any such delegation shall
be without prejudice to the exercise by
the Director of Federal Public Works of
his powers under this section;

"exempt vehicle" means any vehicle

owned by or in the service of-
(a) the Government of the Federation or
a State;
(b) any local government (howsoever
called) established under the provisions
of any law in force in any State;
(c) any person covered by the provisions
of section 9 of the Diplomatic Immunities
and Privileges Act, and such other

146
persons as may be exempted under the
provisions of any other written law;

[Cap. D9.]
"vehicle or thing" includes, in appropriate
cases, ships, boats, canoes and other
watercraft, and aircraft of all
descriptions. Miscellaneous and
supplemental

21. Powers incidental to intention to

acquire land for Federal highway
(1) Subject to the provisions of this
section, where it appears to the Minister
that land in any locality is likely to be
needed for the purposes of a Federal
highway the Minister may in writing
authorise any person to enter upon any
land in the locality for the purpose of
surveying and taking necessary levels,
and for that purpose the person so
authorised may-
(a) dig into or bore under the subsoil and
do all other acts necessary to ascertain

147
whether the land is suitable for use as a
Federal highway; and
(b) clear and demarcate the boundaries
of any such land.

(2) Notwithstanding the provisions of

subsection (1) of this section, the
Minister may for purposes of and
incidental to this Act surveyor otherwise
demarcate in any State and thereafter
layoff on a plan the middle line of a
Federal highway, and notice of such
survey or demarcation and laying off shall
be published in the Federal Gazette, and
in the Gazette of any State affected or
likely to be affected; if the middle line is
so laid off the Minister may not later than
twelve months thereafter, exercise his
power under this section within a
distance of 60.35 metres on either side of
such middle line.

(3) Nothing in this section shall authorise

the Minister or any person authorised by

148
him to enter into any building or upon
any enclosed court or garden attached to
a dwelling house (except with the
consent of the occupier thereof) unless at
least seven days notice in writing of the
intended entry has been given to such
occupier.

(4) Compensation for damage done

under this section shall in case of dispute
as to
amount be determined-
(a) in the case of a customary land in the
manner provided by the Land Use Act
where a right of occupancy is revoked;
and
[Cap. LS.]
(b) in any other case by a magistrate
having jurisdiction in respect of the place
where the land is situated.

22. Powers relative to obstruction of

view on Federal highways

149
(1) If trees are standing in a position likely
in the opinion of the Minister to obstruct
traffic in the event of falling on a Federal
highway or likely to obstruct the view of
traffic using the Federal highway, any
person duly authorised in writing in that
behalf by the Minister may enter on
adjoining land to any necessary extent in
order to fell or otherwise remove or log
the trees as circumstances may require.

(2) If the power conferred by subsection

(1) of this section is exercised in respect
of a tree on land other than a Federal
highway, compensation shall be payable
to the owner only where the Federal
highway was in use before the tree
became a potential source of
obstruction, and the tree had at the time
of its felling a marketable value: in
default of agreement under this
subsection the amount shall be fixed by a
competent person appointed for this
purpose by the Minister.

150
(3) An award of compensation fixed by
agreement under subsection (2) of this
section, shall be final, and a court shall
only entertain a suit to recover
compensation for any trees felled or
otherwise dealt with under this section
where the amount is fixed in default of
agreement.
23. Power to enter adjacent land
The Minister or any person authorised by
him in writing may in case of any slip or
other accident happening or being
apprehended in any cutting.
embarkment or other work under the
Minister's control, enter upon any land
adjoining a Federal highway and do all
work necessary to repair damage thereby
occasioned and for the purpose of
prevention or control of slips likely to
occur from adjoining land on to a Federal
highway.
Explanatory Memorandum EXPLANATORY MEMORANDUM
(This Memorandum does not form (This Memorandum does not form
part of the above Bill but is part of the above Bill but is intended
intended to explain its purport) to explain its purport)
This Bill seeks to repeal the Federal
This Bill seeks to repeal the Federal Roads Maintenance Agency
Roads Maintenance Agency (Establishment etc.) Act 2002 (as
(Establishment etc.) Act 2002 (as amended) the Federal Highways Act
amended) and establish the 1971 and the Control of
Federal Roads Authority for the Advertisement (Federal Highways)
safe and efficient management of Act 1986 and establish the Federal
the Federal Roads Network to Roads Authority for the safe and
meet the socio-economic efficient management of the
151
24. Power to acquire land under special
enactments
Where land is acquired for the purposes
of this Act pursuant to section 2 of this
section-
(a) under the Land Use Act;
[Cap. LS.]
(b) if the land is customary land within
the meaning of the Land Use Act and a
requisition in respect of such land
declares it to be required by the Federal
Government for the public purposes of
the Federation, the provisions of that
enactment pertaining to such acquisition
shall have effect accordingly, and the
land shall vest in the Minister without any
further assurance.
demands of the country; promote Federal Roads Network to meet the
the sustainable development and socio-economic demands of the
operation of the road sector; and country; promote the sustainable
facilitate the development of development, management,
competitive markets and the operation and regulation of the road
promotion of enabling sector; and facilitate the
environment for private sector development of competitive
participation in the financing, markets and the promotion of
maintenance and improvement of enabling environment for Private
roads in Nigeria. Sector Participation in the financing,
maintenance and improvement of
roads in Nigeria.

25. Power to declare road to be Federal

highway
The Minister after consultation with the
government of the State concerned and
with the approval of the President may,
by order published in the Federal

152
Gazette, declare any road in Nigeria (not
being a Federal trunk road) to be a
Federal highway, and may by the same or
any other order and with the like
approval, cancel, amend or vary any
notice relating to Federal highways to
which, on its commencement, this Act
applies, or thereafter may apply.

26. Application of Motor Vehicles (Third

Party Insurance) Act to road users
generally
(1) The operation of the Motor Vehicles
(Third Party Insurance) Act hereafter in
this
section referred to as "the Act" is hereby
extended and that Act shall apply
throughout the Federation,
notwithstanding the provision of any
enactment (including the Act aforesaid)
or any State Law or rule of law to the
contrary; and the requirements of the
Act as to insurance against third party
risks as set out therein and the issue and

153
production of certificates of insurance in
respect thereof shall continue to have
effect in all States of the Federation, and
in particular the provisions of the Act
shall, in relation to any Federal highway
within the meaning of this Act have effect
as modified by this Act, and shall stand
amended to any extent necessary.

[Cap. M22.]
(2) Accordingly, the reference in the Act
to "Lagos" shall be deleted and section 1
shall stand amended as from 31 August
1960 (being the date of commencement
of the Laws of the Federation of Nigeria,
etc., 1958).

(3) The provisions of any other

enactment relating to road traffic having
application
within a State of the Federation shall, on
the commencement of this Act, be read
and have effect in respect of traffic on
federal highways subject to this Act.

154
(4) In this section, the reference to an
"enactment" includes a reference to an
Act.
and a Law of a State.

27. Regulations
(1) The Minister may by regulations make
provisions generally for the regulation of
the use of Federal highways and for the
management, direction and control of
Federal highways and without prejudice
to the generality of the foregoing
provisions may make such regulations as
appear to him to be necessary-
(a) with respect to-
(i) the speed at which motor vehicles of
any class or description thereof may be
driven either generally on any specified
Federal highway or within any defined
area or place; and
(ii) the registration and licensing of motor
drivers and conductors, and also the

155
prescribing of fees and other matters
relative thereto;
(b) with respect to the construction of
motor vehicles and trailers and may in
particular make provisions with respect
to the following matters-
(i) the width, height and length of motor
vehicles and trailers and the load carried
thereby, the diameter of wheels, and the
width. nature and condition of tyres of
motor vehicles and trailers;
(ii) the consumption of smoke and the
emission of visible vapour, sparks, ashes
and grits;
(iii) the excessive noise owing to the
design or condition of a vehicle or the
loading thereof;
(iv) the maximum laden weight of motor
vehicles and trailers, and the maximum
weight to be transmitted to the road or
any specified area thereof by a motor
vehicle or trailer of any class or
description or by any part or parts of such
a vehicle or trailer in contact with the

156
road, and the conditions under which the
weights may be required to be tested;
(v) the particulars to be marked on motor
vehicles and trailers:
(vi) the towing of or drawing of vehicles
by motor vehicles:
(vii) the number and nature of brakes,
and any device for ensuring that brakes,
silencers and steering gear are efficient
and kept in proper working order;
(viii) the appliances to be fitted for
signalling the approach of a motor
vehicle or enabling the driver of a motor
vehicle to become aware of the approach
of another vehicle from the rear, or for
intimating any intended change of speed
or direction of a motor vehicle. and the
use of such appliance, and for ensuring
that they are efficient and kept in proper
working order;
(ix) for prohibiting the use of appliances
fitted to motor vehicles for signalling
their approach, being appliances for
signalling by sound, at any time, or on or

157
in any specified part of a Federal
highway:
(x) for the placing on or near a Federal
highway of traffic signs conformable with
international standards and local
requirements;
(xi) for the prohibition or control of
advertising on Federal highways or within
30.48 metres of the formation:
(xii) for the exclusion of any class or
classes of vehicles using or likely to use a
Federal highway and for vehicle
inspection:
(xiii) for restricting the use of federal
highways by any breed of animal;
(xiv) for the line to be kept on a Federal
highway and the direction to be followed
by vehicles;
(xv) for road division or temporary
closure of any part of a Federal highway;
(xvi) for the prohibition of parking or
waiting on, or as the case may be, for
prescribing specified parking or waiting
places, and the provision of space

158
reasonably required for vehicles
approaching or leaving premises
adjoining a Federal highway; and
(xvii) generally for the uninterrupted flow
of vehicular and pedestrian traffic.

(2) Regulations may prescribe penalties

for offences by way of fine not exceeding
two hundred naira or by imprisonment
for a term not exceeding eighteen
months or by both such fine and
imprisonment.

28. Interpretation
(1) In this Act, unless the context
otherwise requires-
"court" includes an area court;

"decking and drainage work" includes the

provision of approaches, culverts and
other erections on a Federal highway
over or through water, and the making of
drain and other water courses on or onto
adjoining or adjacent land;

159
"Federal highway" means trunk roads
including any approaches thereto
whether
formed or not in relation to which the
Minister may exercise the powers
conferred upon him by or under this Act,
that is to say-
(a) land acquired for the purposes of this
Act and deemed to be a Federal highway
under section 2 of this Act:
(b) roads declared pursuant to section 25
of this Act to be Federal highways;
(c) Federal trunk roads within the context
of item 63 of Part 1 of the Second
Schedule to the Constitution of the
Federal Republic of Nigeria 1999; and
[Cap. C23.]
(d) decking and drainage works on such
land and roads;

"local authority" means with reference to

an area, whether settled or not, a body

160
with powers statutory or customary, of
local administration;

"Minister" means the Minister charged

with responsibility for Federal highways;

"vehicle" includes any means of

conveyance whatsoever which is
provided with means of locomotion on a
Federal highway and used or intended to
be used or capable of being used thereon
for the carriage of persons or goods or
both or is capable of being adapted to
any purpose and used on a Federal
highway.

(2) For the purposes of section I (3) of this

section, the references to the Federal
Government and the government of a
State are references to the President and
the Governor of a State, respectively.

161
(3) For the purposes of the Constitution
of the Federal Republic of Nigeria, 1999
land
acquired under section 24 of this Act and
roads declared pursuant to section 25 of
this Act shall be deemed to have been
duly declared as Federal trunk roads.
[Cap. C23]

29. Short title

This Act may be cited as Federal
Highways Act.

FEDERAL HIGHWAYS ACT

SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
1. Federal Highways (Building Lines)
Regulations.
2. Federal Highways (Declaration)
Order.
3. Federal Highways (Prohibition of
Livestock and Handcarts) Regulations.
4. Federal Highways (Declaration)
(No.2) Order.

162
5. Federal Highways (Control of
Traffic, etc.) (Authorised Officers)
Regulations.
6. Federal Highways (Declaration)
(No.3) Order.
7. Federal Highways (Permissible
Weights and Weigh-bridges) Regulations.

FEDERAL HIGHWAYS (BUILDING LINES)

REGULATIONS
[L.N. 98 of 1971.)
under section 26
[26th November. 1971J
1. Application
These Regulations shall apply in respect
of all Federal highways.

2. Space on both sides of Federal

highways to be clear of obstructions for
45.72 metres No person shall create an
obstruction within 45.72 metres of the
centre line of any Federal highway or
plant any crop which requires to be sown
and reaped within a period of twelve

163
months upon any ground occupied by
any such Federal highway or drains
adjacent thereto.

3. Offence
Any person who creates or causes to be
created any obstruction in contravention
of paragraph 2 of these Regulations shall
be guilty of an offence and on conviction
shall be liable to a fine of forty naira.

4. Power to remove obstruction

(1) An officer authorised in writing by the
Minister may cause any building or part
thereof which has been or is being
created or any other obstruction which
has been created or is being created in
contravention of paragraph 2 of these
Regulations. within 45.72 metres of the
centre line of any Federal highway, to be
pulled down or removed.

164
(2) When any expense has been incurred
in the pulling down or removing any
build-
ing or any part thereof or of any other
obstruction as aforesaid. such expense
may be recovered in a sUITU11ary
manner from the person who created the
obstruction or from the person who
caused the same to be created.

5. Interpretation
In these Regulations, unless the context
otherwise requires-
"Minister" has the same meaning as it
has in the Act;

[1971 No.4.]
"create an obstruction" includes to erect
a building or to plant any permanent
crop.
or to erect any structure of a permanent
nature:

165
"permanent crop" includes any tree
valuable as food and trees having a trade
value
for their natural products to be sown and
reaped within a period of twelve months:

"structure of a permanent nature" means

any structure whatsoever which once
having been erected is of such a nature
that it cannot be removed within 12
months after notice without damage
thereto.

6. Short title
These Regulations may be cited as the
Federal Highways (Building Lines)
Regulations.

FEDERAL HIGHWAYS (DECLARATION)

ORDER
under section 24
[17th December, 1971]
1. Declaration of certain roads as
federal highways

166
The roads specified in the Schedule
hereto are hereby declared to be Federal
highways.

[Schedule.]
2. Revocation of L.N. 73 of 1955
The Exclusive Legislative List (Federal
Trunk Roads) Order 1955 is hereby
revoked.

3. Short title
This order may be cited as the Federal
Highways (Declaration) Order.

SCHEDULE
[Regulation l.]

Description of high war

Number of highway
MAJOR NORTH-SOUTHERLY ROUTES:
A.1 The road starting at the main
entrance gate to Apapa Wharf and
continuing thence via-lganmu-Western
Avenue to Idi-Oro Roundabout across to

167
lkorodu Road-lkorodu- Shagamu-lbadan -
Oyo-llorin -J ebba - Kontagora - Y elwa-
Koko-lega- Tambawal-Sokoto- Illela to
the frontier with Niger Republic.

A.2 The road starting at Kongolam at

the boundary with Niger Republic and
continuing thence to Daura-Kano-Zaria-
Kaduna. (Projected southwards via
Abuja-Lokoja-Auchi- Benin City to Warri).

A.3 The road starting at the road-over-

rail bridge on the Port Harcourt township
boundary and continuing thence to Aba-
Umu Uyo-Owerrinta-Umuahia-Urnu
Duru-Okigwi-Awgu-Oji Ri ver-14.4
kilornetres Corner Otukpa- Oturkpo-
Aliade- Makurdi- Lafia-Akwanga-
Wamba-Jos-Bauchi-Kari-Potiskum-
Maiduguri-Gamboru.

A.4 The road starting from Calabar

Township (Projected Northwards via
Mbarakorn, Ugep to Ikom) continuing

168
from Ikom (Projected from Ikom-Ogoja to
Katsina Ala) and continuing from Katsina
Ala-Jalingo- Yola Gornbi-Barna-
Maiduguri.

A.5 The road starting 62.7 metres from

the south abutment of Carter Bridge on
Lagos Island and continuing over Caner
Bridge and via Denton Street-Clifford
Street. City Way- Yaba Roundaboui-
Agege Motor Road Agege-Sango Otta-
Abeokuta-Ibadan.

A.6 The road starting from Onitsha and

continuing thence to Nnewi-Ihiala-
Owerri to the Junction of Trunk Road A.3
at Urnu Uvo.

A.7 The road starting from Chikanda

on the frontier with the Republic of
Dahomey- Yeshikere-Kosubosu- Kaiama
Kishi- Ilorin.

169
A.8 The road starting from Mayo
Belwa Junction with Trunk Road A.4 to
Canye (projected to Jamtarij-Serti-Mayo
Selbe-Gembu on the Mambilla Plateau.

A.9 The road starting from libiya at the

frontier with Niger Republic and
continuing thence to Katsina and to the
junction with Trunk Road A.2 at
approximately 14.4 kilometres North of
Kano.

SPURS AND LANDS

A.1-1 The road starting from the junction
of Malu Road (Oval Interchange) with A.l
and continuing through Malu Road to
Kirikiri terminating at the maximum
security prison.

A.1-2 The road starting from the junction

of Broad Street with Marina and
continuing over Eko Bridge to the
junction with A. I at Western Avenue
(Aorta Interchange).

170
A.151 The road starting from Iddo
Railway Terrninus-Iddo Flyover-Ijora
Causeway and continuing to the junction
with A. I (Neck Interchange).

A.152 The road about five miles north of

Yaba Roundabout Junction with Trunk
Road A.1 (Maryland) thence to Ikeja By
Pass-lkeja Airport.

A.I2l The road starting from Trunk Road

A.I North of Shagamu and continuing
thence to Ijebu-Ode-Ore-Benin City.

A.I22 The road starting from Ibadan-Ife-

Ilesha-Akure to its junction with trunk
road A.12l approximately ten miles north
of Benin (Oluku Junction).

A.123 The road starting frorn llorin-Egbe-

Kabba terminating at Lokoja.

171
A.124 The road starting from Bokani
Junction-Enagi-Bida-Agaie-Lapai-lzom
terminating at Abuja.

A.125 The road starting from Kontagora

through Tegina-Mando terminating at
Kaduna.

A.126 The road starting from Sokoto and

thence to Gusau-Funtua to its Junction
with Trunk Road A.2 at approximately
five miles North of Zaria.

A.232 The road starting from Benin City-

Agbor-Asaba-Onitsha-Awka to the
Junction with Trunk Road A.3 at Oji River.

A.233 The road starting from Lokoja and

across the River Niger to Shintaku-
Ayangba-Ankpa thence to Otukpa
Junction with Trunk Road A.3.

172
A.234 The road starting from Abuja
through Keffi and terminating Akwanga
on Trunk Road A.3.

A.235 The road starting from Kaduna and

thence to Kachia-Kafanchan and
terminating at Gimi on Trunk Road A.3.

A.236 The road starting from Zaria on

Trunk Road A.2 to Pambegua thence to
Jos junction with Trunk Road A.3.
A.237 The road starting from Kano to
Wudil-Foggo and terminating at a
Junction with Trunk Road A.3 at Kari.

A.342 The road starting from Aba thence

to Ikot Ekpene-Uyo-Oron and
terminating at Calabar.

A.343 The road branching from Trunk

Road A.3 at Nine Mile Corner and thence
to Enugu-Abakaliki-Ijahe Junction with
Trunk Road A.4.

173
A.344 The road starting from Aliade
Junction with Trunk Road A.3 thence to
Gboko terminating at Katsina Ala.

A.345 The road starting from Bauchi and

thence to Gombe-Numan to Ngurore
Junction with - Trunk Road A.4.

A.4-1 The road from Calabar-Itu

(projected).

A.4-2 The road starting from Calabar-

Ekang-Ajasso-Yahe.

A.4-3 The road starting from Takurn-

Bissaula.

A.4-4 The road starting from Jimeta- Y

oka.

A.4-5 The road starting from Jiberu-

Sorau.

174
A.4-6 The road starting from junction
with A.4-Mubi.

A.4-7 The road starting from Bama-Dar-

Al-Jimeil (towards Morua in the Federal
Republic of Cameroons).

A.5-1 The road starting at the frontier

with the Republic of Dahomey and
terminating at Sango Otta on A.S.

FEDERAL HIGHWAYS (PROHIBITION OF

LIVESTOCK AND
HANDCARTS) REGULATIONS
under section 27
[15th July, 1972]
1. Prohibition of movement of animals
and handcarts on specified Federal
highways
(I) No person shall, on or immediately
adjacent to any specified Federal
highway-

175
(a) drive or permit the movement of
livestock, other than that being carried in
a motor vehicle;
(b) permit or be concerned with the
buying or selling of livestock:
(c) permit the grazing of livestock;
(d) operate or permit the operation of
any handcart.

(2) Any person who fails to comply with

any of the requirements of paragraph (I)
of this regulation shall be guilty of an
offence.

(3) A police officer may arrest without

warrant, any person who within his view
commits an offence under this regulation
and may cause to be detained in any
premises provided for that purpose by
the Minister, livestock or any handcart
under the control or management of any
such person, until disposal by court order
made pursuant to paragraph (4) of this
regulation.

176
(4) Any person found guilty of an offence
under this regulation shall be liable on
conviction to a fine of one hundred naira
or imprisonment for three months or
both such fine and imprisonment: and
the court imposing the sentence shall
make such further order as to the
disposal or otherwise of any livestock or
of any handcart detained under
paragraph (3) of this regulation. as it
thinks just.

2. Interpretation
In these Regulations-
"livestock" means cattle. camels, sheep,
goats, swine and poultry:

"specified Federal highway" means any

of the Federal highways or part thereof
mentioned in the Schedule hereunder.

[Schedule.]

177
FEDERAL HIGHWAYS (DECLARATION)
(NO.2) ORDER
under section 24
[1st October, 1974]
1. Declaration of certain roads as
Federal highways
The roads specified in the Schedule
hereto are hereby declared to be Federal
highways.
[Schedule.]

2. Short title
This Order may be cited as the Federal
Highways (Declaration) (No.2) Order.

SCHEDULE
[Regulation I.]

Description of highway
EAST -WESTERLY ROUTES:
F-100 The dual carriageway starting from
the Apapa Road Flyover south of Iganmu,
and continuing westwards to Badagry up
to the frontier with the Republic of Benin.

178
F-101 The road starting from lkorodu on
Trunk A. I Road. continuing thence to
Agbowa-Epe- Sunmage and terminating
near Oso on A.121.

F-102 The road starting from Shagamu on

the A.I Road, continuing thence to
Owode- Abeokuta and terminating at
Meko on the frontier with the Republic of
Benin.

F-103 The road starting from Effurun.

continuing thence to Ughelli-Uwherurn-
Patani- Mbiama-Ahoada-Rumukoroshe-
Nchia-Opobo-Eket-Ikot Ubo and
terminating at Oron (including Ekot Ferry
on Qua Iboe River).

F-104 The road starting from Aba-

Azumini-Etinam-Ndiya and terminating
at lkot Ubo on the F.I03 road.

179
F-105 The road starting from Obelle on
the frontier with the Republic of Benin
continuing thence to Oja Odan-Ilaro and
terminating at Owode on F.102.

F-106 The road starting from Owerri-

Nguru and terminating at Etiti on Trunk
Road

F-107 The road starting from Umuahia-

Bende and terminating at Ohafia on
F.234.

F-108 The road starting from Arochukwu-

Ikot Okpora-Orira on Trunk Road A.4.

F.109 The road starting from Amukpe on

Trunk Road A.2. continuing via Eku-
Abraka- Obiaruku and terminating at
Umutu.
F.110 The road starting from the port of
Kolo and terminating at a point on Trunk
Road A.2 just south of Ologbo.

180
F.111 The road starting from Ihiala on
Trunk Road A.6 through Orlu and
terminating at Umuduru on Trunk Road
A.3.

F. 112 The road starting from Onitsha

through Nnewi-Okigwi and terminating
at Afikpo.

F.113 The road starting from Ozalla on

F.233. continuing thence to Agbani-
Okposi-Abba Omega-ltigidi-Ediba and
terminating at Ugep on Trunk Road A.4
(including the Itigidi/Ediba Ferry on the
Cross River).

F.114 The road starting from Igbogor on

A.121, continuing through Okorno-
Okeluse-Ute and terminating at Sobe in
A.122.

F.115 The road starting from !fon on

A.l22. continuing thence to Uzebbu-

181
Sabon Gida Ora-Ozalla and terminating at
Ekpoma on Trunk Road A.2.

F.l16 The road starting from lrrua on

Trunk Road A.2. continuing thence to
Urorni-Ubiaja- lIlushi-Adani and
terminating at Nsukka (including the
IlIushin Ferry on the River Niger).

F.Il7 The road starting from lIesha on

A.I22. continuing thence to Ado Ekiti-
Ikare-Ishua- Ibillo-Auchi-Agenebode-
Idah-Nsukka Eha Amufu and terminating
at Nkalagu on A.343 (including the
Agenebode/ldah and the Idahl Adoro
Ferries both on the River Niger).

F.118 The road starting from Wasimi

(Republic of Benin border) continuing
thence to lseyin- Ovo-lwo and
terminating at Gbongan on A. 122.

F.119 The road starting from Omuo

continuing thence to Kabba-Okene-

182
Ajaokuta-Itobe and terminating at
Ayangba on A.233.

F.l20 The road starting from Gakern on

Trunk Road A.4. continuing thence to
Obudu and terminating at Obudu Ranch.
F.121 The road starting from Makurdi on
Trunk Road A.3, continuing thence to
Abinsi- Yandev-Gburuku and terminating
at Zaki Biam on Trunk Road A.4 (including
the Gbu- ruku/Katsina Ala Ferry).

F.122 The road starting from Rafin Kada.

continuing thence to Sabon Gida-lvaissa-
Gernbu and terminating at Bang on the
frontier with the Federal Republic of
Camiroun (in- cluding the Donga Ferry on
the River Donga).

F.123 The road starting from Beli and

terminating at Jamtari on Trunk Road A.S.

F.124 The road starting from Share on

Trunk Road A.l, continuing thence to

183
Ndeji-Pategi- Eggan-Baro-Abaji-
Nassarawa-Lafia and terminating at
Shendam on F.12S (including the
Eggan/Baro Ferry).

F.125 The road starting from Wamba on

Trunk Road A.3. continuing thence to
Shendarn- Langtang- Wase Bashar and
terminating at Barnbur on F.250.

F.126 The road starting from Zungeru,

continuing thence to Minna terminating
at lzom 011 A.124.

F.127 The road starting from Kafanchan

on A.235 and terminating at Yom on
Trunk Road A.3.

F.128 The road starting from the Republic

of Benin border, continuing thence to
Rofi-a-Bin Yauri-Rijau-Dan Gulbi - Chafe -
Dayi - Gwarzo - Kana - Gumel
Malammaduri-Hadejia- Birniwa-Nguru-
Gashua-Geidam-Damasak and

184
terminating at Bisagana on the Lake Chad
(including Rofia/Bin Yauri FelTY on the
River Niger).

F.129 The road starting from Gombe,

continuing thence to Hinna-Gondi and
terminating at Biu on Trunk Road A.4.

F.l30 The road starting from a point on

the A.237 south of K. Huguma. continuing
thence to K. Huguma-Dutse Azare and
terminating at Zindiwa on F.131.

F.131 The road starting from Wudil on

A.237, continuing thence to Gaya-
Gamrnayin- Katagum-Udobo and
terminating at Potiskum on Trunk Road
A.3.

F.132 The road starting from Kalgo on

F.203, continuing thence to Jega-Dakin
Takwas-Anka and terminating at
Majinchi on A.126.

185
F.l33 The road starting from the frontier
with the RepubJic of Benin and
continuing thence to Bwi-Argungu
terminating at Jaredi on Trunk Road A. I.

F.134 The road starting from Gubio on

F.256, continuing thence to Gajiram and
terminating at Dikwa on Trunk Road A.3.

F.135 The road starting from Kukawa,

continuing thence to Kauwa on F.258 and
terminating at Baga on the edge of Lake
Chad.

F.136 The road starting from Dutsin Ma

on F.219, continuing thence to Tareshi
and terminating at Kankiya on Trunk
Road A.9.

F.137 The road starting from Kaura

Namoda, continuing thence to Danja and
terminating at Jibiya on Trunk Road A.9.

186
F.138 The road starting from Sokoto,
continuing thence to Goronyo and
terminating at S. Birnin on F.218.

F.139 The road starting from Ankpa on

A.233, continuing thence to Abakpa and
terminating at Boju Ega on F.238.

NORTH-SOUTHERLY ROUTES:

F.200 The road starting from a point near

Marogbo, about nineteen Kilometres
East of Badagry on F.I 00, continuing
thence to Ilaro-Abeokuta Iseying-Ago Are
and terminat- ing at Kishi on Trunk Road
A.7.

F.201 The road starting from Kalama on

Trunk Road A.7, continuing thence on
Wawa-New Bussa and terminating at
Yelwa on Trunk Road A.I.

F.202 The road starting from Ago Are,

continuing thence to Shaki-Ilesha-Okuia

187
and termin- ating at Kosubosu on Trunk
Road A.7.

F.203 The road starting from Kamba on

the frontier with the Republic of Benin,
continuing thence to Kalgo-Birnin Kebbi
and terminating at Argungu on F.132.

F.204 The road starting from Itokin on F.l

0 1, continuing thence to Ibefun-ljebu
Ode and ter- ruinating at Idi Ayunre on
Trunk Road A.1,

F.205 The road starting from Ijebu Ode

on A121, continuing thence to Ijebu Igbo-
Ile lfe- Shekona-Oshogbo-Offa and
terminating at Ajasse on A123.

F.206 The road starting from Ilesha on

Al22, continuing thence to Oshogbo-
Ogbomosho and terminating at Igbetti on
Trunk Road A.7.

188
F.207 The road starting from Ondo on
F.209, continuing thence to Oke Igbo and
terminating at lle lfe on AI22.

F.208 The road starting from Ita Nla on

F.209, continuing thence to Ile Oluji and
terminating at Ipetu on A.I22.

F.209 The road starting from Ok.itipupa,

continuing thence to Ore-Ondo-Ita Nla-
Akure-Ado- Ek.iti and terminating at Omu
Aran on A.I23.

F.2I0 The road starting from Wawa on

F.20I, continuing thence to Luma and
terminating at Rofia on F.12S.

F.211 The road starting from Mokwa on

Trunk Road AI, continuing thence to Eban
and terminating at New Bussa on F.201.

F.212 The road starting from Wara on the

edge of the Kainji Lake, continuing thence

189
to Auna and terminating at Ibeto on
Trunk Road AI.

F.213 The road starting from a point on

F.l32 south of Gunmi, continuing thence
to Gunmi and terminating at Jabo on
Trunk Road A!.

F.214 The road starting from Kontagora

on AI2S, continuing thence to Rijau-Zuru
and terminating at Dak.in Takwas on
F.l32.

F.215 The road starting from Owo on

A122, continuing thence to lkare-Omuo-
Egbe-Pategi- Bida-Zungeru and
terminating at Tegina on A.l2S (including
the Ferry at Pategi on the River Niger).

F.216 The road starting from Sabon Bimin

Gwari on AI2S. continuing thence to
Birnin Gwari-Funtua-Malumfashi-Dayi
and terminating at Yashi on Trunk Road
A9.

190
F.217 The road starting from Birnin Gwari
on F.2l6, continuing thence to Dan Gulbi
and terminating Anka on F.I32.

F.2l8 The road starting from Gusau on

A.126, continuing thence to Kunya-Kaura
Namoda- Shinkafe and terminating at S.
Birnin on the frontier with the Republic of
Niger.

F.219 The road starting from Malurnfashi

on F.216, continuing thence to Kankara-
Dutsin Ma- Katsina-Daura and
terminating at Zango on the frontier with
the Republic of Niger.

P.220 The road starting on A.I22 south of

lpele. continuing thence to Ipele-Ishua
and terminating at Kabba on A.123.

P.221 The road starting from Aiyetoro on

A.123. continuing thence to Akutukpa-
Eggan and terminating at Agaie on A124.

191
F.222 The road starting from Ogharefe-
Sapoba-Agbor and terminating at Uromi
on P.116.

P.223 The road starting from Ughelli on

F.103, continuing thence to Ozoro-
Kwale-Ogwashi Uki and terminating at
Asaba on A232.

F.224 The road starting from Kwale,

continuing thence to Umutu and
terminating at 'Agbor on A.232.

F.225 The road starting from Onitsha on

Trunk Road A6, continuing thence to
Aguleri and terminating at Adani on
F.116.

F.226 The road starting from Ifite Ukpo

east of Onitsha on A.232, continuing
thence to Awkuzu and terminating at
Aguleri on F.22S.

192
F.227 The road starting from Brass.
continuing thence to Nembe Yenagoa-
Yenegue and terminating at Mbiama on
F.I03.

F.228 The road starting from Buguma,

continuing thence to Degerna-Ahoada-
Ebocha and terminating at Uli on Trunk
Road A6.

F.229 The road starting from Port

Harcourt, continuing thence to Igrita-
Elele-Owerri-Orlu and terminating at
Awka on A232.

F.230 The road starting from Bonny,

continuing thence to Bomu and
terminating at Chara on F.103.

F.231 The road starting from Igrita on

F.229, continuing thence to Chokoehe-
Ibodo and terminating at Okpalla on
Trunk Road A.6.

193
F.232 The road starting from Opobo,
continuing thence to Abak-Ikor Ekpene
and terminating at Umuahia on Trunk
Road A3.

F.233 The road starting from Awgu on

Trunk Road A3, continuing thence to
Ozalla and terminating at Enugu on A343.

F.234 The road starting from Uyo.

continuing thence to Itu-Arochukwu-
Ohafia-Afikpo-Abba Omega and
terminating at Abakaliki on A343
(including the Itu Ferry on Eniong Creek).

F.235 The road starting from Okurikang

on A.4-l. continuing thence to Akpap and
terminating at Creek Town.

F.236 The road starting near Cross River

Mills on Trunk Road A.4, continuing
thence to Obu- bra and terminating at a
point on the A343 just east of Abakaliki

194
(including the ferry at Obubra on the
Cross River).

F.237 The road starting from lkom on

Trunk Road A.4 and terminating at
Obudu on F.120.

F.238 The road starting from lyahe on

A.343, continuing thence to Oturkpo-
Loko-Nasurawa- Keffi and terminating at
Kachia on A.23S (including the Loko Ferry
on the River Benue).

F.239 The road starting near Yahe on

A.343. continuing thence to Ogoja-
Shangev Tiev and terminating at Aliade
on A.344.

F.240 The road starting from Akwanga on

Trunk Road A3. continuing thence to
Nunku and terminating at a point on
Trunk Road A.3 just North of Fadan Ayu.

195
F.241 The road starting from Wamba on
Trunk Road A.3, continuing thence to
Panyan- Pankshin and terminating at a
point north-west of Dawaki on F.247.

F.242 The road starting from Takum on

A.12, continuing thence to Rafla Kada-
Wukari-Ibi- Shedam-Panyam and
terminating at Bukuru on Trunk Road A.3.

F.243 The road starting from Rahama on

A.236, continuing thence to Yaryasd-
Tudun Wada and terminating at Kafin
Mayaki Oil Trunk Road A2.

F.244 The road starting from Kunya on

Trunk Road A2, continuing thence to
Babura and terminating at the frontier
with the Niger Republic.

F.245 The road starting from Fustarn

Mata on A.236, continuing thence to
Ningi and terminating at Samarniya on
A.237.

196
F.246 The road starting from Gubi on
Trunk Road A.3, continuing thence to
Miya and terminating at Ningi on F.245.

F.247 The road starting from Langtang on

F.125, continuing thence to Dawaki-Boi-
Tafawa Balewa and terminating at Bauchi
on Trunk Road A.3.

F.248 The road starting from Shira on

A237, continuing thence to Azare on
F.130.

F.249 The road starting on A.237 South of

Misau, continuing thence to Misau-
Azare- Gammayirn and terminating at
Hadejia on F.128.

F.250 The road starting from Lankoviri on

Trunk Road A.4, continuing thence to
Lau-Mutum Daya-Filiya and terminating
at Biliri west of Kaltungo on A345.

197
F.251 The road starting from Gombe on
A.345, continuing thence to Bajoga and
terminating at Potiskum on Trunk Road
A.3.

F.252 The road starting from Ganye on

Trunk Road A.8, continuing thence to
Mapeo- Yola and terminating at Jimeta
on Trunk Road A4.

F.253 The road starting from Gornbi on

Trunk Road A13, continuing thence to
Biu-
Damaturu-Dapchi and terminating at
Barornari on F.128.

F.254 The road starting from Uba on

Trunk Road A13, continuing thence to
Damboa-Borozo and terminating at Beni
Sheik on Trunk Road A.3.

F.255 The road starting from Sorau on

the frontier with the Republic of

198
Cameroun and terminating at Mubi on
A.4-6.

F.256 The road starting from Maiduguri

on Trunk Road A3, continuing thence to
Magumeri-Gubio and terminating at
Darnasak on F.128.

F.257 The road starting from Maiduguri

on Trunk Road A.3, continuing thence to
Gajiram and terminating at Monguno on
F.2S8.

F.258 The road starting from Dikwa on

Trunk Road A3. continuing thence to
Mougonu- Kauwa and terminating at Yo
on F.128.

F.259 The road starting from Bama on

Trunk Road A4, continuing thence to
Gulumba Gana- Kala and terminating at
Gambaru on Trunk Road A3.

199
F.260 The road starting from Pulka on
Trunk Road A.13 and terminating at
Kerawa on the frontier with the Republic
of Cameroun.

F.261 The road starting from

Rumukoroshe on Trunk Road A.3 and
terminating at Chokoche on F.231.

SPURS AND LINKS:

F.101-1 The road starting from Sunmage
on F.IOI and terminating at lwopin.

F.103-1 The road starting from Okrika

and terminating at Nchia on F.103.
F.118-1 The road starting from Gbongaon
F.118 and continuing thence to Ode Omu
and terminating at Sekona on F.205.

F.124-1 The road starting from Sheshi .on

F.124 and terminating at Lafiagi on the
River Niger.

200
F.128-1 The road starting from Gumel on
F.128 and terminating at Maigatari on
the frontier with the Republic of Niger.

F.128-2 The road starting from Nguru on

F.128 and terminating at Machina on the
frontier with the Republic of Niger.

F.128-3 The road starting from Geidam

on F.128 and terminating at the frontier
with the Republic of Niger.

F.252-1 The road starting from Y ola on

F.252 and terminating at Gurin on the
frontier with the Republic of Cameroun.

F.255-1 The road starting from Mubi on

A.4-6 and terminating at Bukula on the
Cameroun border.

FEDERAL HIGHWAYS (CONTROL OF

TRAFFIC ETC.)
(AUTHORISED OFFICERS) REGULATIONS
[L.N. 1 of 1982.]

201
made under section 27
[11th January, 1982]

1. Control of traffic, etc., on Federal

highway to be carried out only by
authorised
officers
(1) Any person, not being an authorised
officer, who enters upon any Federal
high-
way for the purpose of enforcing the
provisions of any enactment relating to
road traffic on any such highway shall be
guilty of an offence and shall be liable on
conviction to a fine of N200 or
imprisonment for six months or to both
such fine and imprisonment.

(2) In these Regulations, "authorised

officer" means-
(a) any police officer;
(b) any member of the Traffic Warden
Service established by the Police Act;

202
(c) any officer in the Federal Ministry of
Works acting on any special or general
delegation of powers made to him in that
behalf by the Minister; or
(d) any member of the public service of
the Federation discharging functions
conferred upon him pursuant to the
provisions of any enactment.

2. Short title
These Regulations may be cited as the
Federal Highways (Control of Traffic, etc.)
(Authorised Officers) Regulations.

Federal Highways Act

FEDERAL HIGHWAYS (DECLARATION)
(NO.3) ORDER
under section 24
[23rd April, 1982]
1. Declaration of certain roads as
Federal highways
The roads specified in the Schedule
hereto are hereby declared to be Federal
high-

203
ways.

[Schedule.]
2. Short title
This Order may be cited as the Federal
Highways (Declaration) (No.3) Order.

SCHEDULE
A.3-1 The dual caniageway starting from
Enugu to Port Harcourt.

A.8 The road starting from Mayo

Balewajunction with Trunk Road A.13 to
Ganye to Jamtari to Mayo Selbe to
Gembo on the Mambilla Plateau.

A10 The road starting from junction with

A.I and terminating at Tegina.

A11 The road starting from the junction

with A.2 near Rigacikun and terminating
at Pambeguwa.

204
A12 The road starting at the junction with
A.4 and A344 at Katsina Ala to Sabon Gida
thence to Beli and terminating at Jalingo
the junction with A4.

A13 The road starting at the junction

with A.4 Garinkunini continuing to Mayo-
Belwa to Namtari to Jimeta to Jiberu to
Gombi to Gwoza and terminating at
Bama.

A.14 The road starting at the junction

with A.I near Ilorin continuing to Oloru
and terminating at Bode Sadu.

A121-J The dual carriageway starting

from the junction with E.I, by-passing
Shagamu to Benin City.

A.232-1 The dual carriageway from

Enugu to Onitsha.

A.345 The road starting from Bauchi and

continuing to Gombe to Numan and

205
terminating at the junction with A.13
near Narntari.

E.1 The expressway starting from Ojota

interchange in Lagos to Ibadan and
continuing along the Ibadan Eastern By-
Pass terminating at Ojo. the junction with
A.I.

F.113 The road starting from Udi-Ozalla

on F.233, continuing thence to Agbani-
Okposi-Abba Omega-Itigidi-Ediba and
terminating at Ugep on Trunk Road A.4
(including the ItigidiJediba Ferry on the
Cross River).

F.262 The Old Marina Street starting

from Broad Street and continuing
southward to terminate at King George V
Road.

F.263 The Ahmadu Bello Way - a dual

carriageway starting from King George Y

206
Road and continuing southerly to
terminate at the Bar Beach Road.

F.264 The Lagos Island Inner Ring Road

complex starting from the southern end
of Eko Bridge and continuing along the
New Marina shoreline road, and the
parallel elevated structure and thence to
the Clover-leaf interchange at
MacGregor Canal and from there to the
Clover-leaf interchange at Idumagbo. The
road thereafter continues along the
Adeniji Adele foreshore to terminate at
the north end of the New Marina
shoreline road.

F.265 The outer loop dual caniageway

starting from Wharf Road, on to Creek
Road at Apapa and continuing through
Tin Can Island, Isolo, Oshodi. to
Oworonshoki thence to Third Mainland
Bridge to the North foreshore line in lkoyi
and thereafter continuing along

207
Kingsway road and terminating at the
south end of Falomo bridge.

F.266 Herbert Macaulay Street starting

from the Murtala Mohammed Way at
Oyingbo and continuing north to
terminate at Ikorodu Road.

F.267 The road enclosing the Tafawa

Balewa Square complex.

F.268 The Dockyard road starting from

Malu road and continuing through the
Naval Base to Lagos Ports complex.

F.269 The International Airport Road - a

dual carriageway starting from outer
loop at Isolo and terminating at the
Murtala Mohammed International
Airport.

F.270 The access road starting from the

junction on A.I near Ikorodu and

208
continuing to the New lkorodu Lighter
terminal.

F.271 The dual carriageway starting with

the flyover at Obalende and terminating
at the Federal Secretariat, Ikoyi.

F.272 The dual carriageway starting with

the flyover at Obalende and terminating
at the State House, Ribadu Road.

FEDERAL HIGHWAYS (PERMISSIBLE

WEIGHTS AND
WEIGH-BRIDGES) REGULATIONS
under section 26
[11th March. 1983)
1. Conditions relating to weight of
vehicles on Federal highways
As from the commencement of these
Regulations, no person shall cause or
permit
a vehicle to be used on any Federal
highway or shall drive or have charge of a
motor vehicle or trailer when so used on

209
such highway unless all the conditions
hereinafter set forth are satisfied, that is-
(a) a vehicle, if its net weight exceeds 250
kg., shall be capable of being so worked
that it may travel either forwards or
backwards;
(b) no motor vehicle or trailer
inclusive of the load thereon shall exceed
2.5 metres
in overall width; and the overall length of
an articulated vehicle shall not ex-
ceed 14 metres and the overall length of
a vehicle and trailer drawn by such
vehicle shall not exceed 18 metres;
(c) no load may protrude more than one
metre beyond the front elevation of a
motor vehicle or trailer or more than two
metres beyond the rear elevation of the
vehicle or more than 75 mm beyond
either side of the vehicle and where the
load projects more than one metre from
the rear of such vehicle, a red flag shall be
fixed by day and a red lamp by night in a

210
similar position and the flag or lamp shall
be clearly visible from the rear;
(d) the height from the ground level of
any motor vehicle or trailer with any
freight or load placed thereon shall not at
any point exceed 3.5 metres; so however
that where the freight or load is entirely
composed of seed cotton or cotton lint
the height of the highest point of such
freight or load from the ground may be
increased to not more than 4 metres;
(e)any freight or load on any motor
vehicle or trailer shall be secured in such
manner as to render it impossible for
such freight or load or any part thereof to
fall or be jolted off that motor vehicle or
trailer when in motion or to come into
contact with the road while the motor
vehicle or trailer is in motion:
(f)no freight or load of greater weight
than that which the vehicle is
constructed to carry as registered and
stated in the registration book shall be
placed on any commercial vehicle or

211
trailer, and the owner shall cause the net
weight of the vehicle or trailer, the
weight of such freight or load and the
axle weights to be painted on some
conspicuous part of the off-side of the
motor vehicle in figures and letters not
less than 2.5 ern in height and of such
shape and colour as to be legible and
clearly distinguishable from the colour of
the background whereon the letters and
figures are painted or marked.

2. Vehicles not to exceed 32 tonnes

gross weight, etc.
(I) No vehicle shall be used on a Federal
highway if the single axle and tandem
axle
weight exceeds 10 tonnes and 16 tonnes
respectively or if the gross weight of the
vehicle exceeds 32 tonnes except as
specified in Parts I and II of the Schedule
to these Regulations.

[Schedule.]

212
(2) Notwithstanding the foregoing
provisions of this regulation any
authorised officer may grant a permit for
a particular occasion or occasions for the
use of a motor vehicle or trailer which
does not conform to the requirements of
these Regulations and such permit shall
be subject to such conditions as may be
imposed thereon and shall be carried by
the driver of the motor vehicle on all
occasions and be produced by him on
demand by a police officer or an
authorised officer.

(3) An owner of a motor vehicle above

ten tonnes but not exceeding 32 tonnes
shall
obtain an annual permit in such form as
the Minister may determine to operate
the said vehicle on any Federal highway.

3. Establishment of weigh-bridges
(l) The Minister may install at such
locations on any Federal highway as he

213
may determine, weigh-bridges for the
purpose of weighing of vehicles in
pursuance of these Regulations.

(2) An authorised officer may, if he so

requires with the assistance of a police
officer at any time and for reasonable
cause require a vehicle affected by these
Regulations to be driven to a weigh-
bridge location to have its net, gross or
axle weight ascertained and the person
driving the vehicle or in charge thereof
shall comply with such requirement.

(3) The provisions of these Regulations

shall not apply to an omnibus. being a
vehicle capable of carrying a load of not
less than 750 kg designed and
constructed for the
sole purpose of carrying passengers and
their luggage.

4. Penalty

214
(l) No person shall cause or permit to be
used on any Federal highway or thereon
have charge of a motor vehicle or a trailer
which is not in all respects in accordance
with the provisions of these Regulations.

(2) Any person who operates a motor

vehicle in contravention of these
Regulations
shall pay at the weigh-bridge location a
penalty of NIOO and in addition the
owner shall at his own risk and expense,
remove the excess load from his vehicle.

(3) Any person who fails to pay the

penalty in paragraph (2) of this
Regulation or who fails to comply with or
acts in contravention of any provision of
these Regulations shall be guilty of an
offence and liable on summary
conviction to a fine of N200 or to
imprisonment for a period not exceeding
six months or to both such fine and
imprisonment.

215
5. Interpretation
In these Regulations, unless the context
otherwise requires-
"authorised officer" means any officer in
the Ministry authorised in that behalf by
the Minister;

"owner" includes the agent, driver or

other employee of the owner or hirer,
charterer or any other person in control
of the vehicle at the material time.

6. Short title
These Regulations may be cited as the
Federal Highways (Permissible Weights
and
Weigh-bridges) Regulations.

SCHEDULE
PART I
[Regulation 2 (1).]
Permissible Maximum Weight for Motor
Vehicles

216
Vehicle Weights

The permissible maximum weight for

various categories of heavy vehicles
which may be operated on a Federal
highway is as specified hereunder, that
is-
A. For motor vehicles and trailers in each
case not forming part of an articulated
vehicle the following classes of such
vehicles are permitted-

CLass of vehicle
Permissible
gross weight
tonnes

(a) Two-axled vehicles-

(i) Where the distance between the axles
is less than 2.65 metres 14
(ii) Where the distance between the axles
is at least 2.65 metres 16

(b) Three-axled vehicles-

217
Their weight shall not exceed 16260
kilograms except as specified below:
(i) Where the distance between the
foremost and rearmost axle is at
least 3 metres
18
(ii) Where the distance between the
foremost and rearmost axle is at least
3.2 metres and the maximum axle weight
is not more than
8 130 kilograms
20
(iii) Where the distance between the
foremost and rem-most axle is at least
3.9 metres and the maximum axle weight
is not more than
8 130 kilograms
20
(iv) Where the distance between the
foremost and rearrnost axle is at least
3.9 metres and the maximum axle weight
is not more than
8 640 kilograms
22

218
(v) Where the distance between the
foremost and rearmost axle is at least
4.6 metres and the maximum axle weight
i, not more than 8 640 kilogram,
22
(vi) Where the distance between the
foremost and rem-most axle is at least
4.9 metres and the maximum axle weight
is not more than 9400 kilogram,
24
(vii) Where the distance between the
foremost and rearmost axle is at least
5.1 metres and the maximum axle weight
is not more than
9400 kilograms
24
(e) Vehicles with four or more axles, their
weight shall not exceed 18290 kilograms
except in a case below, where the weight
opposite that case shall apply-
(i) Where the distance between the
foremost and rem-most axle is at least

219
3.7 metres and the maximum axle weight
is not more than 640 kilograms
20
(ii) Where the distance between the
foremost and reannost axle is at least
4.6 metres and the maximum axle weight
is not more than
8 640 kilograms
22
(iii) Where the distance between the
foremost and rearmost axle is at least
4.7 metres and the maximum axle weight
is not more than
8 640 kilograms
24
(iv) Where the distance between the
foremost and rearrnost axle is at least
5 metres and the maximum axle weight is
not more than 9 150 kilograms
24

Class of vehicle
Permissible
gross weight

220
tonnes

(v) Where the distance between the

foremost and rearmost axle is at least
5.6 metres and the maximum axle weight
is not more than
9 150 kilograms
26
(vi) Where the distance between the
foremost and reannost axle is at least
6 metres and the maximum axle weight is
not more than 9 660 kilograms
26
(vii) Where the distance between the
foremost and rearmost axle is at least
5.9 metres and the maximum axle weight
is not more than 150 kilograms
28
(viii) Where the distance between the
foremost and rearmost axle is at least
6.3 metres and the maximum axle weight
is not more than
9 660 kilograms
28

221
(ix ) Where the distance between the
foremost and rearmost axle is at least
6.3 metres and the maximum axle weight
is not more than
9 400 kilograms
30
(x) Where the distance between the
foremost and rearmost axle is at least
6.4 metres and the maximum axle weight
is not more than
9 660 kilograms
30
B. For articulated vehicles. the following
class of vehicles are permitted-
Class of articulated vehicles Inlier axle spacing ill metre Gross weight tonnes
Two-axled motor vehicle with-
(i) I ax led trail er less than 2.1 20
(ii) 1 axled trailer at least 2. I 22
(iii) I axled trailer at least 3.1 24
(iv) 2 or more ax led trailer less than 2.9 2.4
(v) 2 or more axled trailer at least 2,9 26
(vi) 2 or more axled trailer at least 3.6 28
(vii) 2 or more axled trailer at least 3.6 30
(viii) 2 or more axled [railer at least 4.2 32
Three or more axled motor vehicle with-
(i) 1 axled trailer less than 2 22
(ii) 1 axled trailer at least 2 24
(iii) 1 axled trailer at least 2.7 26
(iv) 1 axled trailer at least 3 28
(v) I ax led trailer at ieast4 30
(vi) I axled trailer at least 4.4 32
(vii) 2 or more axled trailer less than 2 24
(viii) 2 or more axled trailer at least 2 26
(ix) 2 or more axled trailer at least 2.3 28
(x) 2 or more axled trailer at least 3.2 30
(xi) 2 or more axled trailer at least-l 32
c. Maximum weight for two closeJy-spaced axJes-
Distance between axles Total weight

222
 metres Tounes
less than 1.02 11
at least 1.02 16
at least 1.05 17
at least 1.2 18
at least 1.35 18.5
at least 1.5 19
at least 1. 85 20
D. Maximum weight for three closely-spaced axles-
Distance between outer axles Axle weight
metres toune
less than 1.4 3.66
at least 1.4 4
at least 1.5 6
at least 2 6.51
at least 2.55 7
at least 3.15 7.51
PART II
[Regulation 2 (1).]
Maximum Weights for Closely - Spaced
Tow Closely – Spaced Axles
Distance Between Axles Permissible Combined
Metres Weight
Less than At East tonnes
I.0 - 11
- 1.02 16
- 1.05 17
- 1.2 18
- 1.35 18.5
- 1.5 19
- 1.85 20
Three Closely-Spaced Axles
Distance between Outer Axles Permissible Axle Weight
Metres
Less than At least tonnes
1.4 - 3.66
- 1.4 4
- 1.5 6
- 2 6.5
- 2.55 7
- 3.15 7.5

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