Punishment For Traffic Offences In Nigeria

Traffic Offences and Punishment in Nigeria

Nigeria is a country of laws. Though   Implementation   and enforcement   have always been challenges, the state  of things were there to be no laws will be unimaginable.

One of the many things the law seeks to regulate is Traffic. Recognising  it as a feature of any organized and developing society, the law has always sought to regulate it and ensure that it flows properly. In doing this, the law seeks to prevent needless carnage on our roads.

What is Traffic? 

The 7^th Edition of the Oxford Advanced Learner `s Dictionary, International Student`s Edition, at page 1569,   defines “   Traffic ”  thus :

 1. The vehicles that are on the road at a particular time.

2. The movement of ships, trains, aircraft, etc., along a particular route

The Deluxe Ninth Edition of the Black`s Law Dictionary, at page 1634   defines “Traffic” thus:

“People or things being   transported   along a route

“The passing to and   fro of people  ,animals, vehicles , and vessels along a transportation route.”

The New International Webster`s Comprehensive Dictionary of the English Language (Deluxe Encyclopedic Edition) at page 634   defines “Traffic” thus:

1. The business of transportation as by railroad

2. The subjects of transportation  collectively, the things carried

3. The passing of pedestrians   and vehicles  along a road

 Traffic Offences in Nigeria

Traffic Offences in Nigeria are as can be gleaned   from Part 3 of the Federal Road Safety Commission (Establishment)Act. Part 3 contains 31 sections but the sections that particularly stipulate and criminalize  traffic offences are to be found between Sections 20 to 27.

Section 20 of the Federal Road Safety Commission (Establishment) Act provides  that “A person who causes the death of another person by the driving of a motor vehicle on a highway dangerously or recklessly shall be guilty of an offence and  be liable to  on conviction to imprisonment for  a term not exceeding seven years.”

Section 21 of the Act provides that: 1. A person who drives a motor vehicle on a highway  dangerously or recklessly shall be guilty of an offence and be liable on conviction to  a fine of N50,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

2. If upon the trial of a person for an offence against section 20 of this Act ,t he court is not satisfied that the person driving was the cause of the death but is satisfied  that he is  guilty of dangerous  or reckless driving  the court may convict that person accordingly.

Section 22 of the Act   forbids driving  under the influence of alcohol . It provides that “  A person who drives a motor vehicle on the highway under the influence of intoxicating drugs or alcohol  above 0.5  grammes  per litre  of alcohol eor to such extent as to be incapable of having proper  control of such vehicle, shall be guilty of an offence and be liable on conviction  to a fine  of N5,000 or to imprisonment for a tem  not exceeding two years, so to both  such fine and  imprisonment.”

Section 23 compels drivers if motor   vehicles to have licenses at the pain of punishment. It    provides that “A person shall not drive on a highway a motor   vehicle of any class or description unless he is the holder of a valid driver`s licence.

A person who acts in contravention of subsection (1) of this section shall be guilty of an offence   and be liable on conviction to a fine of N10, 000.”

Section 24 provides for offences relating to licenses and   identification marks. It provides that a person who ,while driving  on a highway, is in possession of a forged driver`s   license or forged documents shall be guilty  of an offence  and be liable  on conviction to a fine  N20,000

Section 25 proscribes failure to report accidents on highways. It  provides that in  the case  of an accident on the highway ,the driver or person  involved shall immediately or as soon as practicable ,report to the nearest  Federal Road Safety Commission office or police station  for appropriate action.

A person who fails to comply with subsection (1)  of this section commits  an offence and shall be guilty of an offence  and be liable on conviction to  a fine of N20,000

Section 26 proscribes overloading

It provides that Adriver shall not drive a vehicle  on a highway with a load exceeding a capacity prescribed  for that class or type of vehicle.

A person who drives a vehicle in contravention   of subsection (1) of this section commits  an offence and is liable on conviction  to a fine of N10,000.

Section 27 covers those offences in respect of which penalties are not prescribed elsewhere. It provides that where  in respect of an offence under this Act no penalty is  prescribed, the court may, in the case of a first offence, impose a penalty by way of fine of N3,000 or imprisonment for a term not exceeding  twelve months or both ,and in the case  of a  second  or subsequent offence (whether of the same kind or not) the penalty shall be imprisonment  for a term of eighteen months without an option of  a fine unless the court  otherwise considers  that a fine will be more appropriate in the  circumstances.

The Federal Road Safety Commission is established by Section 1 of the Act. It provides thus

Establishment and composition of the Federal Road Safety Commission:

1. There is established  for Nigeria  a Federal Road Safety Commission (in this Act referred  to as “the commission”) which shall be a body corporate  with perpetual succession  and a common seal,and may sue and be sued in its corporate name and whose members shall exercise the functions specified in this Act.

2. The Commission shall consist of

a. a chairman and five other persons to be appointed  by the President on part-time basis;

b. the Corps Marshal who shall be the Chief Executive of the Corps

3. The provisions of the First Schedule to this Act shall apply with respect to the proceedings of the Commission and other matters provided therein.

Section 10 establishes and   stipulates  the functions, etc.,  of the Federal Road Safety Corps.Some of their functions include preventing or minimizing accidents on the highways; clearing obstructions on any part of the highways; educating drivers, motorists and other members of the public  generally on the proper use of highways; designing and producing the driver`s license to be used by various categories  of vehicle operators; designing and producing vehicle number plates; giving prompt attention and care to victims of accidents; providing roadside and mobile clinics for the treatment of accident victims free of charge; regulating the use of mobile phones by motorists; regulating the use of  seatbelts  and other safety devices.

It is also noteworthy that the Federal Highways Act  also proscribes and punishes the offences of causing death by reckless or dangerous driving; reckless driving on a Federal Highway; careless and inconsiderate driving; driving under the influence of drink etc.

A traffic offence comes to Court: The case of Adeyemo  v. State [2015] All FWLR (Pt.794)118 SC

In this case, Michael Adeyemo  was alleged to have left his lane while driving and crossed the deceased`s lane,colliding with the vehicle of the deceased.

He was then arraigned  in the High Court of Ogun  State on a 2-count charge of causing death by dangerous driving and  dangerous driving, contrary  to Sections 5 and 6(1) respectively of the Federal Highways Act,2001.

He pleaded not guilty but the trial court found him guilty and sentenced him to three(3) years imprisonment with the option of fine.

He appealed without success to the court of appeal. A further appeal to the supreme     court met with colossal failure. The supreme   court held thus:

1. The ingredients of the offences of causing death by dangerous driving and dangerous driving  which must be proved beyond reasonable doubt  are as follows:

a. That the accused `s manner of driving was reckless or dangerous;

b. That the dangerous driving substantially caused the death of the deceased; and

c. That the accident occurred on a Federal Highway

The supreme court also held that: “it amounts to dangerous driving for a driver to leave his lane when another vehicle is approaching from the opposite direction and thereby causing  his vehicle to hit   that other vehicle in the process. Driving from one side of the road to the other side   amounts to  driving to the danger of the public.”

Always Remember:

a. That as  a  Nigerian citizen under Sections 25,26 or 27 of the 1999  Constitution, your fundamental rights are guaranteed under Sections 33 to 46 of the same Constitution.

b. That the Constitution guarantees you equal rights, obligations, opportunities   and easy accessibility to court under Section 17.

c. That com works with a team of lawyers to inform you of your rights, obligations and opportunities under the law.

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