By: Mustapha Gambo Muhammad
A Kano based legal practitioner, Barrister Ibrahim Baba Salihu has accused Managing Director, Kano Staate Roads and Traffic Agency, KAROTA, Dr. Baffa Babba Dan’agundi for allegedly impounding and fining motorcycles owners for not having driver permit insisting that KAROTA Officials lack legal power to demand for drivers license from private motorcycles.
In a letter signed by Barrister Ibrahim Baba himself, dated 27th June, 2022 which was addressed to Managing Director, of the KAROTA and copied to Federal Road Safety Commission, Kano Sector Command said the letter was drafted on behalf of the citizens of kano state, and who ownn private motorcycles.
The reads: Sir, we witnessed how your marshals impounded private motorcycles around major roads within Kano metropolis and the Ooffences Slips we sighted carried the alleged offence of “No D. Permit” meaning no driver’s/drivers permit and the fine inscribed was N2,500,”
“We also sighted the Government of Kano State evidencing the payment of fine for “No D. Permit,” he however said.
The Legal Practitioner maitained that item number 42 under the second schedule of KAROTA Law makes it an offence to drive a motorcycle for commercial purpose without a driving permit.
“Sir, a permit is different from a driver’s or driving license. We submit that KAROTA lacks the power to issue driver’s license of any class of vehicle or even motorcycle, Regulation 44(1)(a) of the National Assembly FRSC Establishment Act 2007 classify motorcycles as a vehicle that cannot ply the road without a driver’s license or learner’s permit and Regulation 46(5) and 74(1) makes it an offence to ride a motorcycle without license,”
“Regulation 54 gives the Federal Road Safety Commission the power to issue driver’s license to motorcycles owners in Nigeria,”
Barrister Baba further argued that the power to issue driver’s license to motorcycle owners in Nigeria. A glance at Section 5(9) of the Federal Road Safety Commission Establishment Act 2007 leaves us to submit that it is only the Federal Road Safety Commission that posseses the power to issue driver’s license and vehicle number of all classes which includes motorcycles.
In the letter, the lawyer stated that it is not out of context to ask KAROTA where it acquired its backed law.
“Our stand is very clear that we seek to promote the rule of law,”
On his part, Public Relations Officer, Kano Road State Road and Traffic Agency (KAROTA), Nabilusi Abubakar Kofar Na’isa said the Agency is conducting its activities in tandem with the provisions of the law governing the conduct of its activities.
“Section 16 sub section 4,7,&8 (42) of KAROTA Law provide that Riding Motorcycle without a driving permit
Fine 2500 or 6 month in prison or impounding of the vehicle or both.”
He denied the allegations raised by barrister baba, insisting that the aim of the agency was to sensitize the state against rising spate of crimes as well as providing free flow of vehicles in the state