- 11 months ago
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00:00Hello and welcome to Guardian Talks. My name is Fadima Rachel. Today let's shift focus to a public
00:05menace, the abuse of the siren on Nigerian road. In Nigeria today, the wailing of siren no longer
00:12depicts emergency situation. It is now being used as a sheer instrument of intimidation and sometimes
00:19a show of prestige. According to the National Road Traffic Regulation of 2012, it clearly states that
00:26only top governmental officials like the president, the vice president and emergency respondent team
00:33are allowed to make use of sirens and beamers. However, in modern reality, we see people like
00:39businessmen, entertainers with armed escorts making use of the siren to dispel motorists on the road.
00:46Sadly, the penalty is as minimal as 3,000 error which we know can't do nothing to deter offenders.
00:53Joining us via Zoom to discuss the silent issue is Barrister Joseph Idowu, a legal practitioner
01:00and public affairs analyst.
01:11Thank you very much for joining us this beautiful afternoon, Barrister Idowu.
01:15Thank you for having me.
01:17All right. So let's get right into the conversation today. Okay, the question is this. I mean,
01:23the law is very clear on who is allowed to make use of the siren. Yet we see widespread abuse,
01:29different people making use of sirens as the police. Now, the question is this. From a legal
01:35perspective, why is this happening?
01:37Yes. The starting point is that vehicle sirens, are they legal? Are they authorized in some cases?
01:46The answer is in the affirmative. And these are audible warnings to people, either pedestrians or
01:59vehicle owners that something or very parapersonality is passing or there is an emergency situation
02:10or there is need for safety, mayor. So that's the starting point. Whether the legal perspective
02:21is that, is he authorized in some cases? Is he authorized in some cases? Is he authorized
02:28in some situations? The answer is in the affirmative. But to some extent, is he subject to abuse by some
02:36people? The answer to is yes. So from the legal perspectives, it is legally used if it is
02:45authorized. But if it was not authorized, it is legally used. That's from the legal perspectives.
02:52All right. So what you're trying to say is that authorization has been given for certain
03:00people to make use of the siren in Nigeria. Yes. All over the world. Okay. So my question is
03:07during emergencies, during fire outbreaks, when people fell into river or well, during danger
03:22times, when VIPs are passing, like the governors, vice presidents and the president and the deputy
03:28governors, when prisoners are even being carried to court or when they are to be diluted. So those
03:36are the situations where sirens are used. Okay. Now for public safety.
03:43You've made mention of situations where sirens should be made use of. Now let's look at it
03:49from those who are not authorized by the law to make use of sirens. Why do you think this
03:54situation is the fastest thing? Yes. You see, Nigeria is a place where big men, status and
04:03incentivize, they seems to behave as if they are above the law. And then unfortunately,
04:13and unfortunately, in these clubs, you see the security agencies who are supposed to enforce
04:18these laws, they compromise. So the answer is neither here nor there. In the sense that the
04:28The culprits and those who are supposed to uphold the law,
04:34there is a lot of compromise in that.
04:37That is why you find out that the use is being abused by some people,
04:42particularly those who have lives in the society
04:47and who have stature in the society.
04:51That's why it's subjected to abuse.
04:54It's not because there is no law that forbids it.
04:57No.
04:58There are laws that forbids it because of our attitude to enforcement of laws.
05:05That is why it seems it's being abused.
05:08All right.
05:09Thank you very much.
05:13Now, let's look at it from the angle of penalty.
05:16Now, according to the National Road Traffic Regulation of 2012,
05:20it stated that for siren offenders, for those who abuse the siren,
05:25they have to pay a fine of 3,000 naira when caught
05:28I mean, in present, the reality.
05:30Don't you think this 3,000 naira is too small to do anything or to deter these offenders?
05:35Yes.
05:36He said we can be looking at the economic realities.
05:40That is why the law was not made yesterday or last year when the economy was died
05:46or when we are having the objective conditions and the reality of the moment.
05:51No.
05:51So, the laws were made years back.
05:54That is why, yes, ordinarily, the law needs a lot of reform.
05:59But whoever was convicted of such an offense remains a convict if the decision of the court
06:08was not tertiary.
06:09So, it is not the amount that matters, but the punishment behind it, a culprit or a jail person
06:20or who is supposed to go to jail or pay a fine in lieu of going to jail.
06:25So, it remains a convict unless it was discharged by appellate courts.
06:33So, it is not the money that matters, but the commission of the offense and the punishment.
06:39But really, when you are looking at the economic conditions and the objective realities of the
06:43moment, the law needs to be revealed so that it will not be a slap on the wrist, so to say.
06:50All right.
06:52Well said, Barrista Aydoux.
06:54Moving on to the next question.
06:55I mean, we have traffic enforcers like the Federal Road Safety Corps who are in charge of
07:00clamping down traffic offenders.
07:03But in situations whereby these enforcers are the offenders of these traffic laws, I mean,
07:09how are they being held accountable?
07:11Yes.
07:11When the law, when those who are supposed to uphold the laws, when they break the laws,
07:18you know, who will now bend the cards, that's the challenge.
07:27Even, at times, you even see a driver of a Syrian vehicle, the bus, and the vehicle will
07:34not be on official assignment.
07:36He will even blow it.
07:37And, at times, it causes accidents.
07:41At times, it causes panic.
07:45At times, it causes accidents, like I said, and creates confusion on the road.
07:53And people continue to struggle for space.
07:56So, it happens.
07:57At times, you even see a vehicle, a bullion van, that is not carrying money.
08:01And the driver will just blow the siren.
08:04At times, you see a police vehicle, not on official duty, only the driver, the commissioner
08:10of police, or the vehicle will not be on emergency.
08:15He will blow it.
08:17So, and he will run away.
08:20And because of the attitude of Nigerians and the rule of men, if you challenge them,
08:26if you challenge them, if you are a civilian who challenges them, they can even go to
08:31the abarons and bring free reinforcements and beat the person, the complainants.
08:37And it will result to, not rule of law, but rule of men.
08:42Might is right, at times.
08:44So, the law, those who are supposed to uphold the laws, when they break the law.
08:49So, what happens?
08:50And Nigeria is the place, the law, the will of justice, grace flow, and the law.
08:56It breaks slowly.
08:57The matter can be in court for years because of one thing or the other, particularly when
09:02the other party or the other person has money to hire the best lawyer in the town.
09:10So, those are the concatenations of events.
09:15And one thing will lead to the other.
09:16At the end of the day, the case will be more than the grave, and there may not be justice.
09:22Okay, so at this point, I want to broaden to your conversation.
09:25I mean, these enforcers who are also offenders in this scenario, how can they be held accountable?
09:33Who should we report to if we catch these enforcers being the perpetrators of this crime?
09:38Yes, there are.
09:43Take, for example, the police, the Nigerian police force has a line that if there was anybody who flouted the law,
09:53among the other lands, or even officers, there is a line to the AIG that you can send messages,
10:00that you can call, that you can send WhatsApp and SMS messages, and even email for report.
10:06So, if other security agencies can do that, it will whip the offenders among them into line.
10:15So, there should be internal mechanism to punish offenders among those who are supposed to uphold the law,
10:22particularly on certain matters.
10:25So, as a lawyer yourself, as a legal practitioner, do you think a section should be made to cover the perpetration of traffic laws?
10:38Okay, let me rephrase that again.
10:39Yes, there should be punishment for...
10:42Yeah.
10:43Okay, so what I'm trying to say is this.
10:45For example, a Federal Road Safety Court officer is caught flouting this law.
10:51So, as a legal practitioner, do you think a section should be made in the Constitution,
10:56you know, stipulating penalties and punishments that should be dispelled to such officials?
11:02Yeah, people, there are a plethora of cases.
11:05The case of, the case of EDWAR against Federal Road Safety.
11:12So, the decision was against them.
11:15So, there are a plethora of cases against law enforcement agencies in Nigeria,
11:22even up to the Supreme Court,
11:24that when they flouted the law and when they bridged the rights of other people,
11:30the court's judgments were secured against them.
11:35So, it's not new.
11:36It's not new.
11:38Excuse me.
11:39It only means courage.
11:41It only means courage and people must be intentional.
11:45There have been private lawyers who are able to challenge their malfeasance.
11:50And judgmental has got in against them.
11:53So, it's not new.
11:55It's not new.
11:55People need to be more sensitized and educated.
12:00And this is one of it through media.
12:05Not social media where a lot of lies are told.
12:08No.
12:10Prince and electronic medias, where people will be sensitized.
12:14And even the national orientation agencies, government must be deliberate about it.
12:19So, just to make sure that people are aware of their rights.
12:23Well said.
12:26Thank you so much for that insight.
12:29So, moving on to the next question.
12:31For an average Nigerian who feel intimidated, you know, you're on the road and all of a sudden,
12:37the siren is blaring and you're like, what's going on?
12:39I mean, what legal action should they take?
12:42Did they get that?
12:43Yeah.
12:43If it causes acidity or panic, if it causes panic or acidity or breach of fundamental human rights,
12:55embarrassment, or it causes assault, the only thing is just to get the number of the vehicle
13:02and sue the organization and sue, take for example, if it is police vehicles, sue the inspector general.
13:15Secure that against them.
13:16Well said, sir.
13:21Well said.
13:22Okay.
13:23So, as a legal practitioner and public affairs analyst, what would you say about the spin-out,
13:30the sum of 3,000 era?
13:32I mean, do you think it should be increased?
13:34Remember you made mention of something that, oh.
13:37Yeah.
13:38Nobody can just wake up and increase it.
13:40The law must be reformed.
13:41If the law was reviewed and the provisions of that section was reviewed,
13:46and that's the provisions there, you have 500,000 era, or jail, or so-so-so-so time, or both.
13:59So, if the law is reviewed, so to make it conform with the present realities and objective conditions
14:07of the moment, we see, and the role of the attorney general of the federation.
14:17Well said.
14:18Thank you so much.
14:20Thank you very much.
14:21So, our final question before we call this interview to an end.
14:27The question is this.
14:29Do you think syringe abuse violates the constitutional human rights of an average Nigerian?
14:34You said, you said, you said, abuse of syringe.
14:43Yes.
14:44Do you think it's violates the...
14:45Any abuse of the law, of the provisions of the law.
14:50Yes, now it's violates human rights.
14:52I said it.
14:53I did say it.
14:55Anything that was unauthorized, that its use was unauthorized.
15:00It's a breach of fundamental human rights.
15:03It depends on whose right was abused.
15:09Any unauthorized events by security agencies is a breach of fundamental human rights.
15:17So, what legal reforms would you suggest, you know, for well-meaning Nigerians who are watching
15:24this show right now?
15:29Yes.
15:30Because the thing is that if the actions or if the Amaphasis were challenged, it becomes
15:36a law.
15:37Because the judgment of the court is a law.
15:40That's what we call case law.
15:42So, any decision taken by the Supreme Court, so to say, or court of appeal, or high court that
15:49was not challenged, that was not appealed against, becomes the law.
15:54So, if the Amaphasis were challenged, and judgment was secured against them, it becomes a law.
16:04It's part of our law.
16:05It's a case law.
16:06So, and it can be cited as a law in any courts in the land.
16:13All right.
16:14Thank you so much, Baris Taidu, for this insightful conversation.
16:18Yes.
16:19Thank you so much.
16:20Enjoy the rest of your day.
16:21From this conversation, once it stands out, carbon siren abuse in Nigeria takes more than
16:30the law.
16:31It talks about proper enforcement and public education.
16:36Till I come your way next time, I'm Fatima Rachel.
16:38Bye for now.
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