The Lagos Road Traffic Law
Lagos State Governor, Mr. Babatunde Fashola, recently took a drastic
step in the effort to ease traffic flow and improve road safety in the
state with the signing into law of a new traffic legislation. Tagged
Lagos Road Traffic Law, the legislation prohibits driving against
traffic and eating, smoking or making phone calls while driving. Other
offences under the law, which will soon be operational in the state, are
refusal to obey traffic lights and road signs, and driving without
valid drivers’ licences.
The law also restricts movement of commercial motorcycles known as
okada to between 6 a.m and 8 p.m only, while they are banned from major
roads such as Lagos – Ibadan Expressway, Ikorodu Road, Apapa – Oshodi
Expressway, the Victoria Island – Lekki – Epe Expressway and all
bridges, such as the Third Mainland Bridge. Articulated vehicles, with
the exception of fuel tankers and long passenger buses, are banned from
all roads in the state between 6 a.m and 9 p.m., while picking and
dropping of passengers at unauthorised places, and sale of alcohol at
motor parks, are also proscribed.
Infractions of these provisions attract stiff penalties such as
community service, hefty fines, impounding of vehicles and jail terms.
These sanctions have since become a subject of controversy in the state.
There is no arguing the fact that Lagos’ legendary intractable traffic
gridlocks demand bold action from the state authorities.
Traffic hold ups exact a huge toll in the state. They are responsible
for avoidable waste of valuable man-hours, and also contribute to
rising rates of road accidents. Traffic jams impact negatively on the
health of commuters, even as they constitute a huge drain on the
economy. The gridlocks are largely caused by flagrant disregard of
traffic laws and ethics, although bad roads and flooding during the
raining season also play a role.
The decision to tackle the traffic problem in the state through stiff
legislation is, therefore, commendable. Such laws are unavoidable if
the Lagos metropolis, in particular, is not to be ground to a halt by
unruly motorists. But, while it is necessary to guide the conduct of
drivers in the state with stringent laws, the sanctions prescribed under
the new legislation are draconian. For example, the law provides for a
fine of N20,000 for first offenders of some of the provisions, N30,000
for subsequent offences, or three years imprisonment or both
subsequently for offenders.
Defaulting articulated vehicles such as trailers will be impounded
while drivers of such vehicles will pay N50,000 fine or be liable to
imprisonment for six months. These are unduly harsh provisions. There is
no justification at all for impounding of vehicles for traffic
offences, because the offender may not necessarily be the owner of the
vehicle. It is also improper to impound vehicles from motorists who
present fake documents, as the law states, especially when such
documents are obtained from the appropriate authorities. Beyond the
stringency of the law, however, is the lack of adequate road signs to
guide motorists on use of roads in the state. A state that wants to
enforce severe sanctions for traffic law infractions must provide road
signs to guide motorists.
Necessary road signs and directions must not only be provided, law
enforcement officers in the state must be trained to guide motorists,
and not to lay ambush for them as is the practice today. Law enforcement
officers must abide by the law and demonstrate high sense of
responsibility in its implementation. The essence of the law should be
to ensure road safety and ease traffic flow and not to apprehend
offenders in order to extort bribes, or fine or jail them.
This is why the state must not be hasty in implementation of the law.
Let all the necessary road signs be put in place. Officials of the
Lagos State Traffic Management Agency (LASTMA) should be properly
trained and orientated and motorists educated on the provisions of the
law through vigorous enlightenment campaigns. While we commend some
aspects of the law such as the restrictions on operations of commercial
motorcyclists and trailers, we are concerned that the new law appears to
violate Section 42 (1) of the Nigerian Constitution in that it
prescribes for Lagos State a law that is different from those applicable
to people in other states.
That section of the Constitution states that: “A citizen of Nigeria
of a particular community… shall not, by reason only that he is such a
person, be subjected either expressly by, or in the practical
application of any law in force in Nigeria … to disabilities or
restrictions to which citizens of Nigeria in other communities … are not
made subject.” Moreover, aspects of the new trafffic law offend the
principle of Federalism in that they restrict movement of certain
categories of vehicles on mostly Federal roads such as the Lagos-Ibadan
Expressway, which are not within the jurisdiction of Lagos State
government.
This is a glaring anomaly. Beyond enforcement of this law, we advise
the Lagos government to put roads in the state in good motorable
condition, to reduce traffic gnarls that push motorists into driving
against traffic in the first place. The law, though good in a few
aspects, is too draconian. Many of its provisions, especially those
relating to jail terms and seizure of vehicles, should be reviewed.
