Lagos has many peculiarities, when compared to other
states in the country. With a population of over 18 million people, the
city’s vehicular traffic is chaotic. Perhaps, to bring some form of
order, the state government on August 2, 2012, introduced the Lagos Road
Traffic Law.
But this has generated mixed reactions from the
residents and stakeholders. While some commended the government, many
others have picked holes in the law. However, government officials have
risen in defence of the new law, arguing that it would restore sanity,
safety and security on Lagos roads.
The law is to correct such anomalies as disobeying
road signs, using cell phone, smoking or eating while driving, driving
against the traffic, driving without valid driving licence, refusal to
obey traffic lights among other numerous traffic infractions.
Besides, the law barred the National Union of Road
Transport Workers from operating on its roads and motor parks. Rather,
it ordered them to start operating from offices like other unions in the
state.
Again, commercial vehicles owners are now to
re-register them, so as to get Hackney permit numbers, which will be
displayed both inside and outside their vehicles. Also, no unpainted
vehicle will be used as commercial buses among other regime of
regulations.
Also, Okada operators are not ride without helmets,
while carrying more than one passenger, carrying pregnant women and
school children have been outlawed just as they are now to operate
between the hours of 6:00am to 8:00pm. These are also among other regime
of regulations well known to the operators.
Reacting to this development, a lawyer and
journalist, Mr. Valentino Buoro said the law complemented existing
traffic law but pointed out that there some grey areas in it needed more
explanations.
These areas include using of cell phone while driving
and on eating and drinking while driving. He said clarification on
whether drivers who have hands free gadgets are exempted, was needed
because the gadget gives the motorist an edge over someone making or
receiving calls directly from their phones. However, the law allows the
use of hands free gadgets.
Buoro said that eating while driving must also be clarified. Would someone eating gala
or drinking bottled water be arrested? This issue is critical because
many modern cars come with holes, beside the driver, where one can put
bottled water or a cup of tea. Abroad, a motorist could drive into a
fuel station and buy a cup of tea which he/she could sip inside the
car.”
It is against these backgrounds that he called for a
massive enlightenment programme by the state government so that all the
grey areas would be fully explained to the residents, motorists and
other stakeholders, before the enforcement begins. According to him this
is only way to ensure that those to enforce the law will not abuse it.
An educationist, Miss Olasumbo Brown, shares Buoro’s
view. She notes that many motorists in the city leave home very early
and might not have taken their breakfast.
And given the unpredictable nature of traffic, it
becomes a Herculean task when motorists are trapped in a gridlock for
three or four hours. She stressed, “At least no one would eat amala or tuwo
behind the wheels, but can’t someone eat a meat pie, gala or take water
when one is extremely hungry in a gridlock? What if I want to take my
medication? Does the law permit me to drink water?”
She equally called for massive enlightenment by relevant government agencies.
On her own part, Mrs. Feyikemi Olayinka, a television
presenter, has her fears over the implementation of the law. According
to her, the law is good on paper. She was satisfied with the punitive
measures against dangerous habit of some motorists who drive against the
traffic, popularly known as ‘one-way.’
Olayinka narrated how a victim of such violation of
traffic law ruined a man’s life forever, which forced the wife to
abandon him.
She stated: “We have a case of someone who was
knocked down by a driver who was driving against the traffic, and he
damaged his spinal cord in the process. The man is now confined to wheel
chair. Such a callous driver must not only be made to go through a
psychiatric test, he must be prosecuted and if possible sent to jail for
causing bodily harm to a fellow road user.”
Though a Mr. Okey Nwachukwu, a marketing
communication expert, notes that the law is for the good of the people
in the state, he however, expressed concerns about possible abuse by the
law enforcement agents. Therefore, he called for a counter-measure from
government to curtail excesses of any law enforcement agents who might
want to exploit motorists.
He argues, “It is one thing to make a law and it is
another thing to enforce it. Before this new law, one could notice that
some of the traffic law enforcement agents when an okada rider
commits any offence or caught without wearing a helmet, they will tell
him the actual fine but they will settle for a N2,000 or N3,000 bribe.
“This new law which has prison terms attached to some
of the traffic offences might be exploited by these unscrupulous
elements to even demand for higher amount of money.
In a text message, another resident, Mr. Ade Serrano,
considers some aspects of the law as too harsh, especially three years
imprisonment for smoking while driving.
Since all motorists do not live in Lagos, he called
on relevant agency, to clearly mark all one-way roads and install
functional Close Circuit Televisions to avoid people being wrongly
accused.
Reacting to the mixed reactions which had greeted the
new law, the state’s Attorney General and Commissioner for Justice, Mr.
Ade Ipaye, says it will be wrong to say the law is purely punitive.
In an electronic message sent to our correspondent,
he argues: “Actually, it is very reasonably liberal if you really study
the provisions. Yes, there are fines for several traffic offences as is
the case all over the world.
“There are also terms of imprisonment. But one thing
most people may not know is that whenever a term of imprisonment is
stated in legislation, it is presumed to be the maximum possible.”
He however added that the presiding Judge or
Magistrate has a discretion and can decide to impose a lesser term of
imprisonment, depending on the actual effect of the offence committed on
other members of the public, whether the offender had been tried and
convicted before, etc.
Ipaye further stresses that by driving against traffic, such motorist might cause death of another road user.
According to him, such motorist might also cause
damage to other vehicles or simply cause aggravation and stress for
other road users. These will inform the penalty to be imposed.
He states, “Causing death by dangerous driving can
fetch the offender up to seven year imprisonment, while merely driving
against traffic without causing any damage might probably be considered
for a lighter penalty.
“What is even more beautiful about this law is
section 36(3) which allows the judicial officer to choose not to send
the convict to jail at all, whatever the offence.
“It provides that in addition to or in lieu of the
prescribed sentence, the court may direct the suspension or revocation
of the driver’s licence and order the convict to render community
service, enrol for a course at the Driver’s Institute or do both.”
Ipaye’s counterpart in the Ministry of
Transportation, Mr. Kayode Opeifa, who had been holding consultations
with stakeholders in the transport sector, including okada
operators, since the law came into force, says all stakeholders have all
agreed to obey the law and cooperate with the government to ensure that
it works.
He explained, “I told the leaders of the National
Union of Road Transport Workers and Road Transport Employers Association
of Nigeria that we did not ban them. But we want them to start
operating from an office like other unions.
“They must leave the motor parks and the roads,
because the roads are for everybody. They all pledged their support for
the law.”
Opeifa says contrary to news reports, drivers and
conductors of commercial buses are not to wear uniform; rather they are
required to wear identification tags for easy identification.
He, however, adds that there is nothing wrong if they
adopt uniform as their union official in the motor parks hitherto, wore
uniform.
“Wearing of uniform is optional, but I don’t see
anything wrong with it. Drivers and conductors of LAGBUS wear uniform,
drivers in the bank wear uniform, and attendants at filling stations
wear uniform. So, there is nothing wrong with it,” he said.
However, the enforcement of the law is yet to start,
some drivers are still flouting the one-way traffic regulation. Some
were seen throughout last week around Ile Zik area, along Lagos-Abeokuta
Expressway, driving against traffic to link their residences around
Mangoro and Cement Bus stop.
Again, for many okada riders, it is still
business as usual. Some of them are still plying major highways,
carrying more than one passenger, non-wearing of crash helmets, and not
observing the 8:00pm closing time among others.
As one resident reasoned, prisons in Lagos might play host to many recalcitrant users who might want to dare the law.
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