Mobile court and quest to sanitise Lagos roads

Different measures over the years had been adopted to enforce sanity on the roads in Lagos.  Aside from the introduction of the Lagos State Traffic Management Authority (LASTMA), by former Governor Bola Ahmed Tinubu, in 2000, saddled with the responsibility of controlling and ensuring free traffic in the state,  other interventions in recent years had been the Lagos Road Traffic Law 2012 (as amended), signed by the immediate past Governor, Babatunde Raji Fashola.

Since the coming on board of Governor Akinwunmi Ambode-led administration in May 2015, residents had seen the setting up of a joint task force, comprising the military, police, federal road safety corps and the Nigerian security and civil defence corps, charged with controlling traffic in specific areas of the state.

What is yet to be seen, howbeit, is orderly conduct of motorists, especially commercial bus drivers, motorcycle and tricycle operators and, of course, uniform men who “live above the law”, driving one-way unchallenged.

Against the continued flouting of the traffic laws and search of a better strategy to check indiscipline on the roads and bring offenders to quick justice, the state government last week introduced the latest measure- the Mobile Courts. As the name implies, these are courts on wheel sitting in street corners, to adjudicate on matters relating to traffic laws.  These include driving against traffic (one-way); making and receiving telephone calls while driving, eating on steering, and unauthorised entries of the Bus Rapid Transit (BRT) corridor.

Adeniji Kazeem, the attorney general and commissioner for justice, Lagos State, lists other offences, which include refusal to obey traffic signs like zebra crossing and traffic light indication. He also warns against parking at undesignated places, indulging in noise pollution, hanging by the door of a moving vehicle by conductors, and street trading. He said such offences would be handled by the court.

“These set of offences appear to be so simple but the reduction of its commission, I believe is a major yardstick in determining how much we have progressed as a civilised society. It may seem simple, but its significance and expected impact to the society is a lot more profound,” Kazeem said.

He added that offenders would no longer find it easy to get away with commission of such crimes in the state as “the mobile courts would deal with these growing cases of traffic and environmental abuses in the state, with the view of bringing sanity and civility to the conduct of residents.”

The mobile courts which are manned by qualified magistrates of the state judiciary, and already operational, according to the attorney general, will summarily try cases involving traffic and environmental offenders.

“The introduction of the mobile court is momentous because it is a symbolic indication of some of the most important policies of Governor Akinwunmi Ambode’s administration on law and order, which rests on the premise that no society will thrive in an atmosphere of lawlessness and disorder.

This administration recognises that as Africa’s fastest growing mega city, law and order are critical pillars for sustaining democratic life.

The state government has dedicated an enormous amount of manpower and financial resources in seeking better living standard by provision of roads, drainages and transportation system, to mention but a few, and it has enacted traffic and environmental laws to ensure the state remains environmentally friendly all the time.

“Yet some have chosen or deliberately refused to obey these laws. This is not entirely surprising, as the history of mankind has shown that obedience to societal laws has never been entirely voluntary. Therefore, prompt and fair adjudication, as well as the certainty of enforcement and penalties constitute the necessary inducement for respect and obedience of laws. For most people, where justice is delayed or denied, the victim is bound to feel some frustration, outrage or even further disrespect the law and order, and if the same trend is allowed to take whole, the very basis of an orderly society wears out gradually and steadily,” the commissioner said.

Speaking on the readiness of the judiciary, Olufunmilayo Atilade, the Chief Judge of the State, said “Let it be known to all that, the era of recklessness and impunity on our public roads and highways in Lagos State is gone. Those who chose to make life difficult for other people, especially on our roads should have a rethink, as they will henceforth be held accountable for their deeds.”

To ensure that every offender is given fair trial, the chief judge said that  lawyers from the Office of the Public Defender (OPD) would stand for any defendant, who so desires to be defended, while defendants can also appoint any lawyer of their choice to defend them. She added, “Though summary in nature, the proceedings before the mobile court will be operated in accordance with the rules of natural justice and fair hearing.”

Femi Falana, a Senior Advocate of Nigeria (SAN) backs the initiative. He described it as a progressive development. He nonetheless, raises concern about the possible abuse of the rights of offender such as illegal detention.

“I have advised the attorney general that we would not allow the police and the traffic officials to detain people illegally. And he assured that the penalty for most of the traffic offences shall be community service, which I think is a very progressive development and this is going to enforce discipline on our roads and bring sanity to the system,” Falana said.

Baring her mind on the development, Adefunmilayo Tejuosho, chairman, Lagos State House of Assembly committee on judiciary, human rights and public petition, said the mobile court would go a long way in positively impacting the drive of government to decongest the prisons.

“This is a welcome development. You know Lagos State is definitely the centre of excellence; we put things in motion, and other states follow. We have to appreciate the Governor of Lagos State, Akinwunmi Ambode; the ministry of justice, the judiciary and also the House of Assembly for cooperation because to move the state forward, we have to work together as a unit.

“It is good that at the point of the incidence when somebody commits traffic offence, it can be handled immediately. You know a lot of times, they say that a lot of awaiting trials are in the prisons, detained and we are trying to decongest those areas and this is a good way of doing that and getting justice at the same time.

“You know as they say, justice delayed is justice denied and we are trying to do everything quickly so that whoever commits an offence will not have an excuse to say that he is being detained unjustly and so on,” the lawmaker said.

The special offences courts are vested with powers to sit in any convenient place close to the scene of commission of any offence, to try the offender.

JOSHUA BASSEY