Section 20: Recovery of expenses incurred consequent upon damage to federal highways

(1) Where any structural damage to any part of a Federal highway, or to the information of or to any decking or drainage work as part of a Federal highway, has been caused by any person whether or not that person has been charged with an offence causing such damage or with any other offence under this Act (or under any other enactment or law), the Minister shall recover the cost of making good such damage from the person causing or responsible for the damage, the owner or driver of the 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 part 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 assessment on the person to whom subsection (1) 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.
(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 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 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-
(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 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 water-craft, and aircraft of all descriptions.