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.
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The 7th 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
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Live, Study and Work in Canada. No Payment is Required! Hurry Now click here to Apply >> Immigrate to Canada2. 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.