Section 4: Drainage and other works

(1) The Minister may in the performance of his duties under this Act make and thereafter maintain in respect of any Federal highway, 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 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 (1) 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.
(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 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.