THE MISPLACEMENT OF PRIORITY: PREVALENCE OF OFFICIAL CORRUPTION ON NIGERIAN HIGHWAYS BY GOVERNMENT AGENCIES AND ROAD USERS.

THE MISPLACEMENT OF PRIORITY: PREVALENCE OF OFFICIAL CORRUPTION ON NIGERIAN HIGHWAYS BY GOVERNMENT AGENCIES AND ROAD USERS. 

INTRODUCTION 

The hottest part of hell is reserved for those who keep quite at the instance of abnormality. It an open secret that all the highways in Nigeria have metamorphosed to a joint of money-collection by the government agencies entrusted with the function of seeing to the free flow of traffic. Mouth runs gape to see that drivers, passengers and other road users are not left out in this heinous act. Government agencies stationed at the various highways never give their eyes to slumber in taking what does not belong to them from any person who is at the wheel. 

I having been traveling for awhile on the Nigerian highways and I have taken cognizance of the corrupt practice that has taken preeminence over the official duty of the government agencies and the civil duty of the road users (driver, passenger, pedestrian etc.) alike. 

I remember sometimes ago, while I was en route to school, Unity School, Ejigbo in Ejigbo, Osun State. Our driver, a gentle old man, came across a Police Checkpoint on the road. As the usual manner, the driver stopped and the policeman advanced towards the bus. After the exchange of pleasantries, the policeman demanded for money from the driver. The driver obliged and gave the money to him. Immediately, we zoomed off. After leaving the scene, I reasoned within myself “what if the driver was a kidnapper and all the passengers in the bus were kidnapped?” I guess the rest would be story as the kidnapper would have had a lucky day. 

The prevalence of official corruption on Nigerian highways can be traced back to the inglorious days of the Nigeria police collecting 20 naira notes on the road. Presently, all the government agencies stationed at the road to allow free flow of traffic and to prevent crimes are guilty of this heinous crime. Sometimes ago, in my little head, I thought the Nigerian Army was not a part of this social-ill until I was disabused of this thought after seeing the Nigerian Soldiers on the road demanding and receiving bribe. Guess what? The soldiers collect more than the police. Indeed the highway has been commercialized. 

Official corruption on the Nigerian highways is not only peculiar to the Nigeria Police and the Nigerian Army; other government agencies such as the Federal Road Safety Corps, VIO, and Nigerian Custom Service etc. are also caught in the web of this heinous act on the road. 

One surprising thing about this illegal practice on the road is that both the receivers (government agencies on the road) and the givers (driver, passenger, pedestrian etc.) have taken it to be a call of duty to be carried out diligently. 

 Under the Nigerian criminal law, it is pertinent to state that any public officers including the Nigeria Police officer, Nigerian Soldier or any government security agent stationed at checkpoint that corruptly asks for, receives or obtain any property or benefit of any kind for himself or any other person is guilty of the offence of official corruption. (See paragraph 6 (1) of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), section 98A (a) of the Criminal Code and section 122 of the Penal Code). 

OTHER PARTIES TO THE OFFENCE OF OFFCIAL CORRUPTION ON NIGERIAN HIGHWAYS. 

It is trite that if there is no giver, there will not be a receiver. The givers in this heinous practice on the highways are the road users which are not limited to driver and the passenger. The driver being the one at the wheel knows that there is a fault somewhere and that he has violated one or two or all of the rules of traffic regulation, so in order to escape the wrath of the law, he offers bribe to a willing security agent on the highway either the ones in black, ash, white, or green color. It is a pity that Nigerians are massively corrupt. 

Furthermore, one other accessory to the offence of official corruption on the highway is the passenger. It is a trite principle of law that he who does a thing through another does it himself. A passenger, who encourages, advises or persuades a driver to offer money in form of a bribe to any government agent on the road is a principal offender to the offence of official corruption. See section 7(d) of the Criminal Code and the case of Chief Festus Okotie-Eboh & ors v. Director of Public Prosecutions (1962) LJJR-SC. With the travelling I have been engaging in across the country through the highways, I have seen passenger advising the driver to settle the men in black, ash, white, or green color as the case might be so that the journey could continue. Although, most passengers do this in order to avoid delay in transit. However, whatever the reason might be, such passenger who advises or persuades the driver to make such an offer is an accessory to the offence of official corruption. See paragraph 8 of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). 

MISPLACEMENT OF PRIORITY 

According to a popular maxim, “If the purpose of a thing is unknown, abuse is certainly inevitable”. It is high time the government security agencies stationed at the various checkpoints at all the highways in Nigeria knew their primary assignment and worked towards it. Pursuant to section 4 (g) of the Nigeria Police Act, 2020 one of the primary duties of the Nigeria Police is to facilitate the free passage and movement on highways, roads and streets open to the public. Variably, the duty of the Nigeria Police on the highways is to ensure free flow of traffic. However, the reverse is the case as they have systematically metamorphosed to tax collectors at the various checkpoints.    

Also, it is high time the Federal Road Safety Corps were reminded of their primary duties on the road. Pursuant to the preamble of the Federal Road Safety Commission (Establishment) Act, 2007, Federal Road Safety Commission is saddled with the responsibility of traffic management, preventing and minimizing accidents on the highways, the supervision of such users of highways, the regulation of traffic thereon and clearing of obstruction on any part of the highways and for educating drivers, motorists and other members of the public generally on the proper use of highways: and for related matters to safety on the highways. It is instructive to state here that it is the Act that establishes the Federal Road Safety Corps. See section 10 (1) of the Act (supra).   

In addition, by the provision of section 10 (2)-(11) of the Act (supra) the  functions and powers of the Federal Road Safety Corps are clearly enumerated. It is apposite to state here that collection of money or settlement is by no means a duty of the Corps. 

It is reasonably justifiable to state categorically that the primary duties of the government agencies on the highways does not in any way include collection of money at their various duty posts and checkpoints. It is a misplacement of priority.  

On the parts of the road users, it is a gross deviation from the civil duties of the citizens of Nigeria as contained in section 24 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) to offer bribe to any government agencies on the road. By virtue of section 24 (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (supra) it shall be the duty of every Nigerian Citizen to “help to enhance the power, prestige and good name of Nigeria…”. Similarly, it is a misplacement of priority on the part of the road users to offer or give bribe to the government agencies on the highways in the name of settlement as it is commonly called.      

CAUSES

1. Degeneration of societal values. 

Societal values consist of the norms, principles, philosophy and moral beliefs uphold by every member of the society departure from which render the society prone to societal-ills, immorality, crime and value degeneration. Pursuant to section 23 of the Constitution of Federal Republic of Nigeria, 1999 ( As amended), “the national ethics shall be discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance and patriotism”. However, with the prevalence of corruption in every nook and cranny of Nigeria, these social values as enumerated in the above section have been deflected. The government agencies saddled with the functions of keeping free flow of traffic owing to corruption have become agents of obstruction to the free flow of traffic through the illegal commercialization of the road. Similarly, on the part of the road users like the driver, passenger etc., corruption has eaten deep in them all. The lofty social ethics of Nigeria have been eroded. The road has turn to another illegal business point where money is exchange for dignity of labor, integrity, free flow of traffic and official duty.    

2. Ineffective Monitoring of the functions of the government agencies on the highways

Without gain-saying, it is an open-secret to everyone that there is lack of effective monitoring of the activities of the government agencies such as the Nigerian Police, Nigerian Army, Custom Officers, Vehicle Inspection Officers, FRSC, Traffic Warders, etc. on the highways. These government agencies are saddled with the responsibility of seeing to the free flow of traffic, detection and prevention of crime on the road, prevention of obstruction of traffic and road accident etc. However, owing to lack of effective monitoring by the appropriate government agency, there is a huge deviation from their primary duty on the high ways. 

This has resulted to abuse of road regulations by the road users. The drivers violate traffic rules and regulation with impunity because they know that the government agents on the road will not do anything other than to accept the usual kola/settlement. This showcases the high rate of corruption and value degeneration in Nigeria. Here nothing works!  

3. Bad behavior of both the government agents and the road users. 

One of the numerous appellations ascribed to Nigeria to showcase her moral decadence and degradation is that “Nigeria is massively corrupt”. This is to illustrate the general assumption that everyone in Nigeria is corrupt. Though this may not be totally correct. Both on the part of the government officials and the road users, greediness and covetousness have eaten deep on them all. The government officials are not content with their salary while the road users especially, the drivers are overzealous and rapacious to bite more than they can chew. This has resulted into making trade of the highways by both parties: the driver gives the policeman or any other personnel on the road bribe to allow him to pass despite having violated a traffic regulation and the latter receives the settlement being oblivion of his official duty.  

4. Get Rich Syndrome

It is a pity to say that we have found ourselves in a society where everyone wants to get rich by any means. The get-rich syndrome has eaten deep on the garment of virtually everyone in Nigeria. The driver wants to make millions within a day while the policeman and other government agents want to count thousands at the end of each day at his duty post. It is not surprising to see countless check-points on the traffic road which have been metamorphosed to money-collection points and money-making. This has devalued the primary purpose of check-points which is security purpose.  

5. Complicity of top brass government officials 

There is a maxim that says, “Let not the pot calls the kettle black”. The involvement of top brass government security officials in this illegal commercialization of the road adds to the main cause of the prevalence of the official corruption on the Nigerian highways. Superior officers that supposed to monitor the activities of their subordinate at the various check-point posts are accomplices in this crime. They contract with their subordinate to engage in this heinous crime with the aim of getting a considerable percentage at the end of the day.

It is shameful to state explicitly that the prevalence of the official corruption on the highways by the government agencies and the road users is also attributable to the complicity of the superior government officials. 

CONSEQUENCES

The importance of transportation in economic growth and overall development of a nation cannot be overemphasized. It provides the means through which goods and services are taken to the desired place. It is the channel through which goods are delivered and services rendered to customers. However, if the purpose of a thing is unknown, abuse is certainly inevitable. The government in its wisdom to enable free flow of traffic and maintenance of peace and order on the highways establishes agencies like the Federal Road Safety Corp, the Nigeria Police, Vehicle Inspection Officers etc. However, it is saddening to state that those agencies have deviated from their primary duties on the road and have delved into illegal commercialization of the highways. They are like the Church of Ephesus who had left her first love. Every check-point has become money-collection point. Below are some of the consequences of this illegal transaction on the highways:  

1. High cost of transportation 

Owing to the deviation of the government agencies from their primary duty on the highways to wanton collection of bribe, there is high cost of transportation. Reasonably, it is pertinent to trace the high increment of transport fare to the bribe being paid by the driver to the police, soldier, VIO, FRSC, or Custom officers on the road. All business persons including the drivers in the transportation industry do include the estimated cost of bribe to pay at every check-point to the total transport fare to be paid by the innocent passengers. They do this in order not to be at loss at the end of the day after giving the policeman or soldier on the highway all the proceed from the transport fare. This writer is certain that this fact is not unknown to the reader. 

 

2. Prevalence of Road Accident

It is saddening to state that a few incidents of road accident is attributable to the hot pursue of the government agencies stationed on the road to collect bribe or settlement from the driver or other road users. There have been reports of police officer chasing after a driver in order to collect their usual settlement. In the course of this chase, many road accidents have occurred which have claimed the lives of innocent passengers and other road users. It is high time the government expedited action to see to the eradication of the occurrence of official corruption on the highways.  

 

3. Prevalence of crime such as kidnapping, robbery, Armed Robbery, drug trafficking, human trafficking etc.    

It is pertinent to state that road is one of the channels through which criminal perpetuate their criminal activities. Nigeria has a high record of crime rate which occurs on the highways. This can be attributed to the derogation of the security agencies stationed at the highways from their primary duty to illegal commercialization of the road. For instance, so many passengers have fallen victims of kidnapping and human trafficking owing to the illegal commercialization of the road by the security agencies. The security agencies have derogated from their duty once the driver has bribed them. The police or any other security agents must ensure that proper check is done on a car and that all necessary information is received before allowing the passage of such a car. The reverse is the case on the Nigerian highways. Once the usual settlement has been paid or tendered by the driver, free passage will be allowed. Many innocent passengers have become victims of kidnapping as a result of this illegality. This supposed not to be so. 

4. Disobedience to traffic rules and regulations.

It is a trite principle of law that where there is no crime, there is no law. In Nigeria, there are several traffic rules and regulations enacted to ensure free flow of traffic. However, owing to the prevalence of official corruption on the highways by the government security agencies and road users, there is high rate of breakdown of these rules and regulation. This has resulted to deflection of the lofty objectives of the traffic rules and regulations. The driver and other road users violate these rules with impunity. This is because they believe that by mere offering of a certain amount of money to the traffic warder everything will be settled. This is wrong and illegal. 

4. High rate of traffic congestion 

Also, illegal commercialization of the road tends to bring about difficulty in free flow of traffic. In a situation where the police man or the traffic warder demands the payment of settlement from the driver and the latter refuses to oblige. The policeman or traffic warder may want to delay the movement of the driver thereby causing traffic congestion on the road. This is the usual practice in Nigeria. It is high time the government security agencies put an end to this illegal commercialization on the road.   

Solutions/Recommendations 

1. The importance of transportation cannot be overemphasized in the general development of a nation. In order to curb the new trend of official corruption on the Nigerian highways, the following are steps recommended:  
2. There should be an effective monitoring of the activities of the government security agencies on the road especially those at the various checkpoints. 
3. There should be prosecution of both the giver and the receiver of bribe on the highways
4. There should be sensitization about the traffic rules and regulations to all road users.
5. The government should establish a mobile court and empower such court to have power to try the offence of official corruption on the highways by the government agents and road users summarily.    
6. Harsh punishment should be stipulated for violator of traffic rules and regulations. 
7. The government should set up an agency that will receive and attend to complaint of road users against any government agencies that demands, requests, asks for or collects bribe on the road.  

Conclusion

Official corruption on the highways is a prevalent trend on the Nigerian road where every check-point has been turned into money-collection point. The government security agencies stationed at this various check-points have derogated from their primary assignment and delve into milking the driver of their daily bread. It is however, saddening to state that the prevalence of this heinous act is attributable to many factors. One of which is the complicity of the road users such as passenger, driver and pedestrian. There will be no receiver if there is no giver. The giver is the road user (driver, passenger, rider pedestrian etc.) who has violated the traffic rules and regulation of traffic and offered a bribe as a form of settlement to escape the wrath of the law. In the eye of the law, both the giver and receiver are guilty of the offence of official corruption. This heinous practice on the highways has resulted into numerous atrocities. It is high time the government took drastic steps to curb it and make the road clean.  

Writer: San Afflatus.

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