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A Kano-based legal practitioner, Ibrahim Baba Salihu has threatened to drag the Managing Director, Kano State Roads and Traffic Agency, (KAROTA), Dr Baffa Babba Dan’agundi to court for allegedly fining motorcycle owners for not having driver permits, saying that KAROTA officials lack legal power to demand drivers licence from private motorcycles.
This was just as the 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.
A letter signed by Ibrahim Baba, dated June 27, 2022 addressed to the managing director of 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 others who own private motorcycles.
The letter reads: “Sir, we witnessed how your marshals impounded private motorcycles around major roads within Kano metropolis and the offences slips we sighted carried the alleged offence of “No D. Permit” meaning no driver’s/drivers permit and the fine inscribed was N2,500.”
Salihu said that “We also sighted the Government of Kano State evidencing the payment of fine for “No D. Permit.”
Baba noted that item number 42 under the second schedule of KAROTA Law makes it an offence to drive a motorcycle for commercial purpose without driving permit.
He then threatened to approach the court to seek redress if the agency fails to rescind its actions.
“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 licence.”
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He added that “Regulation 54 gives the Federal Road Safety Commission the power to issue driver’s licenses to motorcycles owners in Nigeria.”
He maintained that “Our stand is very clear that we seek to promote the rule of law,”
Speaking on the issue the spokesman of 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.
He said that “Section 16 sub section 4,7,&8 (42) of KAROTA Law provide that Riding Motorcycle without a driving permit fine N2500 or 6 months in prison or impounding of the vehicle or both.”
He refuted the allegations raised by Baba, insisting that the aim of the agency was to sensitise the state against the rising spate of crimes as well as provide a free flow of vehicles in the state.
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