By Estine Okolo
ABSTRACT*
This work examined issues in traffic law administration in Nigeria. The paper traced the historical origin of the promulgation of traffic laws and establishment of traffic agencies in Nigeria. The study revealed that there are not only multiplicity of offences and punishments in different statutory provisions in Nigeria, but that different agencies perform the same traffic functions like arrest and prosecution with high chances of conflict of duties and without certainty where to draw the curtain with regard to the powers and role of the different agencies. Even though attempts have been made in the past to improve the quality of traffic administration delivery, there are still problems militating against several of the initiatives. At the end, some recommendations were made for possible reforms.
INTRODUCTION
In the past, traffic matters were not given serious attention because of the general belief that it was not as important as otherareas to deserve any serious attention. The limited scope with which issues bothering on traffic was lookedat has since changed, thanks to initiative of the organ of government that sensitized the general public to the fact that it is not as narrow as it seems. Today, traffic management has grown considerably to cover areas like preventing crashes on the highways, rescue of victims of traffic crashes,the use of safety devices on our highways, conducting researches on causes of crashes, specifying speed limits to be used on the road, conduct of road traffic audit, assessment of road furniture and making the necessary recommendations to the governments. It is that light that this paper attempts to take a holistic look at legal issues pertaining to traffic management. Though it may not be exhaustive, it is hoped that it will throw more light on knowledge as it concerns traffic management in Nigeria,
HISTORICAL BACKGROUND
The origin of traffic laws in Nigeria dates back to the era of colonial administration under the British rule. The Motor Traffic Ordinance was promulgated in 1913 to operate in the Southern Protectorate and was followed by the National Motor Traffic Ordinance of 1916 after the amalgamation of northern and southern protectorates. In 1940 and 1945 the ordinance was reviewed again to make it conform substantially to the English Road Traffic Act of 1930.
Nigeria got her independence on the 1st of October 1960, with the carryover of the vestige of colonial laws in Nigeria. The Police Traffic Unit was established after independence in 1960.
Nigeria became a republic in 1963. And under the republican constitution of Nigeria, certain principal enactments that are traffic related were introduced in the various regions and Lagos.
The enactments were Road Traffic Laws Cap 116 of 1963 for Eastern Nigeria, Road Traffic Law Cap 118 of 1963 for Northern Nigeria, Road Traffic Law Cap 113 of 1959 for Western Nigeria, Road Traffic Laws Cap 184, Laws of the Federation of Nigeria and Lagos 1958 (later Road Traffic Laws cap 124, Laws of Lagos State 1973) and Road Traffic Act Cap 548 Laws of the Federation 1990 for Abuja. Under the republican constitution, these laws operated under the residual list and not under exclusive or concurrent list. However under the Road Traffic Act Cap 548 Laws of the Federation (Abuja) 1990 and the subsidiary legislation made pursuant to the Act were only restricted to the Federal Capital Territory Abuja.
By 1972, the Nigerian Army had instituted a one week yearly safety week campaign. There were also several in house attempts by the relevant government ministries to promote safety practices.
The initial laws and the one that came after manifested their limitations in several ways. The laws did not curb cases of incessant traffic crashes, usually resulting to fatalities. Apart from the fact that the some of the statutory provisions overlapped, there was unnecessary rivalry amongst the relevant implementing agencies with substantial negative consequences for majority of road users.
From the era of colonial rule, the political entity which is presently called Nigeria had undergone series of transformation. From 1952 to 1966, the country was divided into Northern, Western, Eastern and Midwestern Regions. In 1967, under the leadership of General Yakubu Gowon, the country was further divided into North East,South East, Benue, Plateau, East Central,Kano Kwara,Lagos, Midwest, North west, North Central Rivers, South Western State. Under the leadership of General Muritala Mohammed, in 1976, the states were further divided into 19,consisting of Sokoto, Niger , Ondo,Oyo,Kaduna, Bauchi, Imo , Kano Kwara,Rivers, Gongola, Anambra, Borno, Bendel Benue, Ogun,Plateau and Lagos States . In 1987, under General Ibrahim Babangida, Katsina and Akwa –Ibom states were created and in addition to the previous ones. Again in 1991, under the leadership of the same General Ibrahim Babangida ten more states consisting of Yobe,Osun Taraba,Jigawa Kogi, Abia, Delta,Enugu Edo and Adamawa were created However deaths from road crashes continued with the resultant negative impacts on the future of the country. Majority of the devastating crashes occurred around Lagos- Ibadan expressway. And by an Edict, the Oyo State Government established the Oyo Road Safety Corps in 1977. The initiative of the Oyo State Government was highly commended and several state governments tried to emulate it.
Even though the then Ministry of Works and Housing later established the National Road Safety Commission, an organ of the ministry, it was not empowered to enforce any law. The situation did not change because of increase in commercial activities, importation of used vehicles, which were aftermaths of the oil boom and the underdevelopment of not only the railways system but also the waterways which should have served as alternative means of transport.
There was increase in population, coupled with increase in vehicular movements, largely due to improved standard of living as a result of the oil boom. Casualties from crashes was also on the increase. Unfortunately the victims of such crashes were made up of the youth and productive segment of the society. The situation needed an urgent intervention and the government lived up to its expectation.
In 1988, by virtue of Decree 45 as amended by Decree 35 of 1992, the Federal Road Safety Commission was established by the government of General Ibrahim Babangida. The antecedents and exigencies of the times as it pertains to Nigerian road trends justified the creation and the empowerment of the Federal Road Safety Commission.
As stated earlier, before the promulgation of the Decree that established the Federal Road Safety Commission, various attempts were made in the past by some state governments of the federation to make laws and regulations on road safety matters. These laws however failed to have meaningful impact because of their scope of operations and the tendency for such initiatives to be politicized. In some cases, drivers and passengers were made to undergo conflicting application of the law from one state to another.
It has raised efficiency, safety and environmental concerns. The establishment of the Federal Road Safety Commission which is currently the lead agency in traffic management has not only exuded positive effect on traffic management but also has promoted safe and quality road safety practices nationwide.
A further amendment to the Act establishing the Federal Road Safety Commission was also made by virtue of Cap 141 Laws of the Federation of Nigeria 1990. At the moment, the latest statutory provision with regard to the functions, duties and scope of operation of the Federal Road Safety Commission is contained in the Federal Road Safety Commission (Establishment) Act 2007.
The functions are summarized as follows;
An Act to repeal the Federal Road Safety Commission Act, Cap 141 LFN
1990(as amended) to establish the Federal Road Safety Commission with
Responsibility for traffic management, preventing and minimizing accidents
on the highways , the supervision of users of such highways, the regulations
of traffic thereon and clearing obstruction on any part of the highways and
and for educating drivers ,motorist and other members of the public generally
on the proper use of the highways and for related matters to safety on the
highways.
The Commission is also empowered to make regulations. And it is by virtue of the provision the National Road Traffic Regulations 2012 was brought into being. The operational jurisdiction of the commission covers all public roads which has been interpreted to mean federal, state or any type of road used for passage by commuters.
Apart from the duties contained in the commencement clause, other functions are contained in the body of the Act. The second schedule to the Act contains the offences and penalties. They are light sign violation, road obstruction violation, route violation, speed limit violation, vehicle number plate violation, Drivers licence violation, wrongful overtaking violation, road marking violation, caution sign violation, dangerous driving violation, driving under the influence of alcohol or drug influence, operating a vehicle with forged documents, failure to move over, assaulting marshal on duty, hospital rejection violation, just to mention a few.
Several states of the federation have not only strengthened their traffic laws but have gone ahead to establish traffic agencies to regulate the traffic management activities within the various states.
In Lagos State, the traffic management agency is known as Lagos State Traffic Management Agency (otherwise known as LASTMA).Other state traffic management agencies are Abia State Traffic Management Agency, Kano State Road Traffic Agency (KAROTA), Oyo State Traffic Management Agency and Traffic Compliance & Enforcement Corps of Ogun State. Lagos State happens to be the commercial centre of Nigeria. Initially, there were several criticisms of the mode of operations, fines and penalties imposed by the Lagos State Traffic Management Agency. But over the years, it appears that the rationale for such fines is justified because substantial traffic sanity appear to be coming to stay. Osun State Government has also established its traffic management agency. Most state have followed the Lagos State Government examples byalso reviewing their various traffic laws. The impetus for the establishment of the various state traffic management agencies has been that of Federal Road Safety Corps. In the same vein, there is statutory provision for the establishment of traffic Warden, perhaps long before these agencies were established. According to the Act,
A traffic Warden appointed under this Act shall when on duty in uniform
and within the Police province , district or division in which he is appointed
to serve but not elsewhere have the powers , privileges and immunities of a
a Police Officer under any law relating to the regulation of traffic law
Apparently there is involvements of different interest in traffic management and regulation. It is intended to be a share responsibility. The truism of this assertion is doubtful because there are several instances where conflict of interest and inter agency rivalry has played out. For example, traffic on federal roads falls within the exclusive Legislative list. It therefore appears that as far as legislative activities in respect of federal roads is concerned, it is only the federal government that have the powers to legislate on it .State governments have powers to make laws concerning the use of states roads. Apart from establishing traffic agencies, most state governments have reviewed and amended obsolete traffic laws with due cognizance to contemporary traffic issues and consideration of the different categories of road users which include the motorist ,pedestrians, cyclist, children, animals, the elderly and other vulnerable groups.
The reform in the procurement process of driver’s license , especially with regard to the tripartite arrangement of the Board of Internal Revenue, Federal Road Safety Corps and the Vehicle Inspection Officers of each states under the umbrella of Joint Tax Board have contributed to the security of driver’s license scheme, orderliness in the entire process harmonization and standardization of existing mode of driver licensing process and also helped in enhancing the establishment and maintenance of data bank of licensed drivers. Also the harmonization of the process of procurement of vehicle number plate has imparted favourable on the country in terms of crime detection, ease of authentication of vehicle ownership by security agencies, ministries, embassies and international organizations.
PROBLEMS ASSOCIATED WITH PROPER TRAFFIC MANAGEMENT
i.Illiteracy.The general level of illiteracy in Nigeria is a contributing hindrances to the understanding and assimilation of good road safety practices . Majority of the drivers and particularly the commercial drivers are unable to understand the various road signs, the role and responsibility of driver, what to do in case of crash, several precautionary measures to avoid crashes and how to mitigate injuries while in control of the vehicle when crash occurs. This problem wide spread all over the country to the extent that simple road sign is difficult for an average driver to understand.
ii.Conflicting inter-agency roles in in the administration of traffic laws
At the present, even though the Federal Road Safety Corps has continued to pride itself as the lead agency in traffic management, some other agencies are also institutionalized and equipped for traffic management at the same federal level .The Police Act also provides for the establishment of Traffic Warden Service. Among the functions of traffic warden under the Police Act are general control and direction of motor traffic on the highway, assisting pedestrians to cross the road and controlling vehicles stopping or parking in an unauthorized places. It also provide that a traffic warden appointed by virtue of the Act shall have the powers, privileges and immunities of a police officer under any law relating to regulation of road traffic A cursory look at the provisions of the Highway Act shows that regulation of traffic on Federal Highway is bestowed on the Minister. It states as follows;
The Minister shall have the responsibility (d) for the regulation of traffic thereon.
It also provide that the Federal Government, subject to the provision of this the Federal High way Act can delegate to the government of a state in respect of traffic on federal highways all or any of its power to state. And that the states can also delegate such power to the local government of the individual state. To my mind, the Constitution of the Federal Republic of Nigeria 1999 (as amended), having not expressly allow for the delegation of powers to the state government to legislate on federal roads, any delegation of powers which negate the constitutional provisions will null and void.
It is noteworthy that most of the offences contained in the Federal Road Safety (Establishment) Act 2007 are also contained in the Federal Highway Act. Examples are causing death by reckless or dangerous driving, reckless driving, driving under the influence of drink which is similar to driving under the influence of alcohol in the Federal Road Safety (Establishment) Act 2007. Other offences are drivers of motor vehicles to have driving licence. Offences relating to licenses and identification marks and failure to report accident. Other offences contained in the Federal Highway Act are failure to supply information lawfully demanded, overloading or driving a vehicle in an unsafe condition, use of motor vehicle for purpose other than licensed. Under the Federal Highway Act, it is the police that is empowered to prosecute for the offences contained therein. There is high chances of conflicts of interest in the performance of duties when more than one agency is statutory empowered to perform the same functions.
- Insufficient Funding
Traffic management generally involves issues like rescue, decongestion of the highway, removal of obstructions and illegally placed objects and a host of other duties is capital intensive. The procurement of rescue devices and other relevant equipment requires that there should be adequate funding. Funding is still a very big issue with regard to traffic management in general. Prompt rescue for victims of crash is linked to the availability of the required tools to work with.
- Dearth of experts in the traffic management sector.
Traffic management requires qualified personnel to conduct rescue services and to promote good road safety practices. It is a sector that is still evolving. To say that there are shortage of experts in this traffic management sector is simply stating the obvious. It is not only capital intensive to train the relevant experts but it cost money to maintain those that have been trained. The evolving nature of traffic management makes it imperative that Nigeria must not afford to lag behind but to move with the tide. It therefore requires that there should be constant training and retraining of those statutorily empowered to perform the function in order to produce the relevant manpower.
- Unnecessary crashes due to lack of proper vehicle maintenance:
Most of the crashes are usually due to lack of proper maintenance or related to it. Some vehicles driven on Nigerian roads are usually old and outdated. Most importantly, proper vehicle maintenance is usually seen as a luxury to some of the commercial drivers. Some vehicles are driven with either expired or worn out tyres. In some cases mechanical faults are usually not attended to properly or promptly. Crashes could be due to break failure or even insensitiveness of the driver to the pleas of the passengers while over speeding .At times, death could result from effect of non-use of seat belt by drivers and passengers or failure to effect the necessary repairs needed by the vehicles. Indeed, most of the deaths resulting from crashes are avoidable.
- Need for continuous and adequate training facilities for drivers and passengers:
Most of the driving schools are usually so in the name they bear. They either not equip at all or are ill equipped. Some of the cars with which potential drivers are trained are usually old, dilapidated, and not roadworthy. To compound the situation, the passengers are usually ignorant of their rights and steps to take when they board the vehicle of a recalcitrant driver endangered the lives of the passengers by over speeding. The involvement of approved driving schools in the procedure of obtaining drivers licence by FRSC has further enhance the training of driver licence applicants. It also appears that drivers understanding of the right of pedestrian while on a pedestrian crossing is very low .On the other hand all Pedestrians requires training on proper use of the road.
RECOMMENDATIONS:
Having highlighted issues associated with quality traffic management, it is humbly recommended as follows
- There should be a reform of all federal laws on traffic management with a view to streamlining traffic duties, roles and coordination to a single agency, perhaps the Federal Road Safety Corps.
- The powers to regulate traffic management contained in laws of other organization should be expunged, without prejudice to the lead agency coordinating other agencies in traffic related disaster.
- Continuous and improved public enlightenment to enhance public awareness of the rudiments of quality road safety practices.
- Provision of modern equipment .In situation of crashes, the survival rate of victims is usually determined by the availability of the relevant equipment and the rate of quick response as these will promote survival rates of crash victims.
- More funding. This will help to promote road safety practices and its attendant benefits. Traffic management is capital intensive. With adequate funding, the deliverable in terms of good traffic management will be enhanced.
CONCLUSION
Several years after the first traffic law was promulgated, the events and situation obtainable then has undergone several transformations. Same can also be said of the various organizations and statutory provision put in place over the years to address traffic related issues. It is only expedient that as the each day roll by, it is hoped that Nigeria will continue to follow the trend of best global practises in traffic management.
REFERENCES
1.Adomi Ochuka and Joseph Adone 2016. New and Latest Current Affairs. Lagos.Ochado Platinum Nigeria Ltd, at page 9
2.Constitution of the Federal Republic of Nigeria 1999 (as amended)
3.Decree 45 of 1988
4.Dr Sumaila Abdul Ganiyu, (2016) The Challenge of Traffic Law Enforcement in the Federal Capital Territory published in the Online Journal of Social Science Research Vol.2 Issue 1 pp27
5.Dr S.A Balogun . History and Establishment of FRSC, in lecture titled Tenets and Work 6.Ethics of FRSC,part of lecture delivered between 23rd June -26 Sept 2013 at the FRSC Academy
7.Edict N0 18 of Oyo State 1977
8.Police Act Cap P19, 2004
9.Federal Highway Act 2004
10.Federal Road Safety Corps 2015 Annual Report, published in March 2015
11.Federal Road Safety Commission (Establishment) Act 2007
14.O.C. Osime,E. Ehikhamenor,O.O.Oludiran,P.E.Iribhogbe, S.U.Ighedosa and S.O. Elusoji (2006).Road Traffic Trend in Nigeria, International Journal of Injury Control and Safety Promotion 1-3
15.Roland Onamusi 2011. Contemporary Road Safety Practices in Nigeria, Issues & Resolution , published by Expand Press Limited
* Estine Okolo, is a Legal Practitioner based in Osogbo , Osun State.
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