Highways (removal of Obstructions) Law

1. Short title. This Law may be cited as the Highways (Removal of Obstructions) Law.

2. Interpretation. In this Law, unless the context otherwise requires: "Appropriate Authority" means the member of the State Government for the time being charged with ultimate responsibility for road traffic in the State; "Authorised Person" means any employee in the State Ministry of Works and Transport or of any Local Government Council in the State, or any police officer of or above the rank of inspector or any other person authorised by the appropriate authority for the purposes of this Law; "Highway" includes any roadway to which the public have access, and any market place, square or park; "Obstruction " in relation to a highway means any vehicle, article, merchandise, structure or other thing whatsoever which is left on the highway (whether before, on or after the commencement day) and which impedes access to or use of the highway or which constitutes a nuisance to users of the highway; “State’ means the Delta State of Nigeria.

3. Removal of obstructions from highway.1974 No .21. (1) Subject to the provisions of this Law, where an obstruction is left on a highway any authorised person may, after the expiration of twenty-four hours from the commencement of this Law, cause the obstruction to be removed from the highway. (2) A person acting in pursuance of subsection (1) of this section as respects any obstruction may use such force as may be reasonably necessary for the purpose of removing the obstruction.

4. Cost of removal of obstruction. (4) Where an obstruction is removed front the highway by any authorised person, the cost of such removal shall be recoverable from the owner or person responsible for leaving the obstruction on the highway.

5. Power to dispose of obstruction. 1974 No. 21. (1) As from the commencement of this Law where any obstruction is found on a highway, for more than twenty four hours, the owner or the person responsible for leaving the obstruction in the highway shall be deemed to have abandoned it and on its removal under section 3 of this Law, the obstruction shall vest in the State Government which, after a period of fourteen days of the removal thereof, may sell or dispose of the obstruction as it seems fit. (2) Any money realized from the sale or disposal of an obstruction under subsection (l) of this section shall in the first instance be paid into the State Treasury and, shall be paid to the owner on his application to the appropriate authority after all necessary deductions for the costs of removal, custody and sale shall have been made.

6. Mode of removal of obstructions. Any authorised person may for the purposes of section 3 of this Law do all such things as he may think necessary.

7. Highways affected by the Law. (1) The highway specified in the First Schedule to this Law shall constitute the highways from which obstructions may be removed under the Law and the fees chargeable for removing obstructions shall be as set out in the Second Schedule to this Law. (2) The appropriate authority may by order amend, vary or add to the Schedule to this Law.

8. Offence. Any person who obstructs any authorised person in the execution of his duty under this Law or aids or incites any other person so as to obstruct any authorised person in the execution of such duty, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty thousand naira or to imprisonment for a term not exceeding six months or to both.

9. Savings. It is hereby declared for the avoidance of doubt that nothing in this Law shall affect any provision of any other Law enabling a Local Government Council to remove any obstruction or nuisance from the highway. Schedule 1 HIGHWAYS (REMOVAL OF OBSTRUCTIONS) LAW (Section 7 (1) ROADS AFFECTED BY THIS LAW [MSLN 25 of 1972 MSLN 5 of 1973 MSLN 16 of 1974 MSLN 134 of 1975] Warri

13. Owa-Alidinma-Oyoko (through Obi-Agbor

6. Sapele/Warri Road (up to Okirigwere junction)

12. Ernosivwe Street Schedule 2 HIGHWAYS (REMOVAL OF OBSTRUCTIONS) LAW (Section 7 (1)) FEES CHARGEABLE 5 N: K For recovery of vehicles 4,000.00 per vehicle For removal or towing of vehicles 1,000.00 per kilometer per vehicle