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.

Culled from the Sun newspapers Editorial, August 12, 2012