Saturday 6 July 2013

Beware: Your Phone May Soon Land You In Jail

If the recent pronouncement of the Corps Marshall of the Federal Road
Safety Corps, Osita Chidoka, is anything to go by, Nigerian prisons
will soon be playing host to a new set of 'tenants' – motorists who
make or receive calls while driving.

Chidoka announced in Abuja last Saturday that the era of collecting
fines from motorists who violate road safety laws of the country had
gone.

The FRSC boss said the system was no longer a deterrent to errant
motorists. He said the corps would now prosecute violators of its
rules, especially the one prohibiting the use of telephones while
driving, and ensure they are sent to jail.

The law may push many errant motorists to prison, even though on the
list of offences and penalties posted on the FRSC website, the offence
currently attracts a N4,000 fine.

But this does not seem to concern the FRSC as its spokesperson, Mr.
Jonas Agwu, said the duty of the corps was to ensure the total
eradication of deaths brought about by such prohibited practices.

Agwu shed light on the new strategy in a telephone interview with
Saturday PUNCH on Wednesday. He explained that the decision to
introduce the prison dimension came about when it became clear
thatmany motorists would rather be caught and pay the prescribed fine
than obey the law.

He said, "The typical Nigerian motorist will ask you, 'How much is
your fine? Let me pay and go'. What many do not realise is that
getting them to pay the fine is not the issue here, but ensuring that
they do not endanger their own lives and those of others.

"We realise that in order to effectively put such motorists in check,
it is necessary to get the judiciary involved. This is because the
average Nigerian does not want his reputation dented by a conviction.
A conviction by a court of law, even when it has to do with a mere
traffic offence, may hamper one's future ambtitions."

Agwu did not want to make a categorical statement on the length of
sentences for violators of the telephone rule. According to him, the
courts would have to use their discretion.

The FRSC spokesman said, "The reason we are not going to prescribe
such is that sometimes a violator may be picked up while exhibiting
bad behaviour on the road. When such a person gets to the court, he or
she may become humble. This may become part of what would be used by
the judge or magstrate to deliver the sentence. The violator may go to
jail for a few months, weeks or even days.

"Even when the court asks the violator to pay a fine if found guilty,
the purpose of deterrence which the FRSC seek will be fulfilled. A
motorist may not be jailed.

"You need to understand that being asked to pay a fine at an FRSC
office is different from being asked to pay a fine by a court, after
being found guilty. The conviction enters court records and dents the
person's imagine for ever."

In a country where traffic cameras are non-existent, how will the
commission effectively carry out this new rule?

Agwu replied that apart from 'native intelligence', which officials
would be expected to deploy in their patrols, FRSC might approach
mobile service providers for call logs to back up a charge against a
suspected violator.

"Apart from these, our patrol vans are equipped with state-of-the-art
equipment, which include cameras. All these will be in use to ensure
motorists change these bad habits on the roads," he said.

However, some motorists told our correspondent that they were sure the
commission would not go ahead with the plan.

"How many people will they arrest and put in jail? Almost everybody
receives or makes calls while driving," a motorist told our
correspondent.

A commercial bus driver, Muniru Adetoro, laughed when our correpondent
informed him the offence would now attract a jail term.

"Do you know how many laws are being flouted in this country? This
kind of law cannot stand against rich people. Who will arrest a rich
man using a phone while driving?" he asked.

The FRSC has said that in addition to the mobile courts that had
previously been hearing traffic offences, conventional courts will
also be involved.

The police and other traffic agencies will also be involved in the
campaign, as the FRSC spokesman indicated.

"The police don't need to arrest anybody and bring them to FRSC. All
they need do is arrest violators, charge them to court and give us a
report for record purposes. The only way this can work is if other
security agencies who are stakeholders in traffic management
collaborate with us. The enforcement has started," the FRSC spokesman
said.

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