Lagos new traffic law: Seven vital things to know

  

The new Lagos traffic law has generated a lot of news footprints over the past few weeks. I have
also commented on it in a previous article. Let me unequivocally say I am a fan of Lagos State governor, Mr. Babatunde Fashola (SAN), and I believe he is well intentioned. However, I also feel he is either misinformed on this issue or disinterested as to the level of atrocities daily committed by his henchmen and officials of the various agencies he has set up over the years.
For instance, LASTMA is an agency many Lagosians will agree is needed, but majority will also disapprove of the way it is currently managed and the manner in which its operatives constitute themselves as terror to many law abiding Lagosians. So to be more constructive and to help Lagos motorists; I decided to put on my Legal hat and read in full the new traffic law of Lagos. Here are the seven main areas and issues people need to be aware of about the new traffic law in practice.
1. The new law allows you to make and receive calls while driving; despite the erroneous information to the contrary and misinformation by some government officials. Item 39 of Schedule 1 of the new law makes it an offence the “making or receiving phone calls when driving without hands free”. So as long as you are using a hands-free kit and you use voice activated calling system, you are within the law and have not committed any offence.
2. There is danger of double jeopardy prosecution. This is contrary to natural justice in this jurisdiction.
Section 20, sub section 1 and 2 creates the danger of prosecuting motorist more than once for the same offence. This is either bad legal drafting or an intentional invasion of citizens’ rights. Section 20 implies that if a person is charged with careless or inconsiderate driving, and the court is of the opinion that the offence is not proven, then the court can entertain the same charge again immediately after the first case. Although the law gives a small get-out-clause for the courts by stating: “…the Court shall, if it considers that he is prejudiced in his defence by reason of the new charge being so preferred, adjourn the hearing”. This section needs to be redrafted for clarity, and motorists need to be aware of this provision.
3. The law criminalizes driving while drunk, but there is no objective measurement of what being drunk is. Section 21, (1) and (2) of the new law, refers to driving while under the influence of alcohol or drugs as being criminally liable. The problem is there is no reference to how to objectively determine these things. The law simply stated that: “Any person who when driving or attempting to drive, or when in charge of a motor vehicle on a highway is under the influence of alcoholic drink or a drug to such an extent as to be incapable of having proper control of such vehicle, shall be liable on conviction…”.
This is a highly subjective provision. How do you determine the level of impairment necessary to be liable? There is no mention of a drink drive limit or the use of any breathalyzer. So as a motorist you will have to go by the judgment of LASTMA and other officials; many of whom are drunk and drugged up themselves while on duty. This is a license for official abuse; hence the Lagos State government should be more precise on its provisions here to avoid uneven application of the law and subjective harassment of Lagosians.
4. LASTMA or state officials can now arrest a motorist if you do not produce your Drivers Licence on demand. Section 28 of the new law gives state officials power to arrest without warrant anyone who is suspected of having committed an offence, who fails to produce a drivers’ licence on demand. So it is now illegal to drive in Lagos without having your drivers licence physically with you. This is the hallmark of a police state.
I am sure the state government will refer to section 22 of the law, which refers to proof of identity when arrested. That section refers to “any other evidence of identity acceptable to the officer”. So what exactly is that? What is acceptable to one officer may not be to another.
This is quite alarming. So be aware; you are better advised to hold your drivers licence in your wallet anytime you drive in Lagos to avoid undue harassment; unless this