AN APPEAL TO GOVERNOR OBASEKI AND JUSTICE IKPOMWEN - Comrade Osazee Edigin

The Mobile Court,  jail term and N50, 000 fine..

I want to start this with a commercial driver story (Mr. Okoro) that was sent to jail few days ago over traffic offence. In his naration, while he parked at Nomayo junction area of Upper Sokponba, Benin City, a policeman accosted him and accused him of always beating traffic light, he told him, he does not ply where there are traffic lights as he commutes between St. Saviour Junction and Idogbo axis which does not have traffic lights.

He said while he was explaining to him, the officer asked him to follow him, before he knew what was happening, he was handed over to another officer who arraigned him before a Mobile Court with a 7 count charge which he pleaded not guilty to, he was given an option of N50, 000 fine or be remanded in prison. As I write now, he is in Prison (White House) because he could not afford the fine. He confided in me that he suspects because he does not give the police the usual N100 other drivers pay the police at that junction may have led to his arraignment.

I am taking time to write on this against the backdrop that so many of us (Human Rights Activists) always put ourselves in the position of a common man even if we are not affected directly with the problem. While it is good to do things rightly and maintain laws and order, it is also pertinent for us to retrospect on how we got to where we are today and the need for the government to act with the reality of time. The truth of the matter is that, so many things that have gone wrong with the country have also led to so many other things we experience today in the society. Some years ago, issues of suicide bombing, kidnapping were alien to us but today it is presently with us in large scale.

THE ISSUES:

Now that the government plans to ensure that people obey traffic rules, the Nigeria Police and other law enforcement agents will now catch on it either to exploit or punish those that refuse to play game with them. We experienced similar activities of EDSTMA officials during the last administration before Oshiomhole banned them.

I still believe the fine of N50, 000 for traffic offence is on the high side for commercial bus drivers IF the ultimate goal is not for the fine but to serve as deterent, as this huge fine will send so many of them to jail which I don't think the government will be proud about. The mobile court is such that, representation by a lawyer or application for bail seems to be impossible, once you are accused of the offence, it is either you plead guilty and pay the fine or you are remanded in prison without bail condition, as a matter of fact, it becomes a case of you must be guilty. To me, this is barbaric and violates the right to fair hearing and defence. It is not enough for a law enforcement officer to accuse you of an offence with or without evidence and you are not given right to representation or bail. The imprisonment of these drivers usually have serious effects on their dependants owing to the nature of the offence.

MY SUGGESTION:

I want to plead on behalf of all commerial drivers to the Governor and the Chief Judge that:

1. The fine should be within the ranges of N10, 000 and N20, 000

2. The Government should also consider the option of impounding the offending vehicle for a period of two weeks instead of the fine and imprisonment IF the overall goal is not for the fine.

3. The Government should demostrate innovation in cubbing the menace of traffic offences by critically addressing the root causes without necessarily taking legal actions as panacea.

4. The Government should see how to organise training for the drivers as many of them have poor educational background and wrong societal upbringing in order to assist in the solving the problems.

I HOPE AND PRAY THE GOVERNMENT HEED TO THE PLEA OF THE COMMON MAN THAT TRIES TO ELK A LIVING FOR HIMSELF WITHOUT TAKING TO CRIMINALITY.

Comrade Osazee Edigin
PRO
Edo Civil Society Organisations
www.edocso.org