Who wants Lagos Drivers’ Licence?
Not too long ago I wrote a two part serial on the FRSC titled “FRSC and
the Yorkshire Ripper” in which I surmised that the greatest failure of
the Commission is it’s failure to fully realize the object of the
national licensing scheme which it embarked upon many years ago. Despite
the deluge of reactions which flooded my mail box over those articles, I
did not intend to return so soon to the subject vexatious as it is. But
the controversial plan by Lagos State Government to commence the
issuance it’s own drivers’ licence rankles.
One of the reasons
why the FRSC was established vide Decree 45 of 1988 amended by Decree 35
of 1992 otherwise known as FRSC Act cap 146, Laws of the Federation
(1990) was “ to design the driver’s license to be used by all vehicle
operators and to determine from time to time, the requirement to be
satisfied by an applicant for a driver’s license”. Before the creation
of the FRSC, every state in Nigeria issued it’s own drivers’ licence and collected the revenue derivable therefrom. The arrangement was less
than perfect for a developing nation and was fraught with grave
implications for the challenges of national security.
When the FRSC embarked on the uniform licensing scheme in 1989, the
objective was to harmonize and standardize the multitude of state issued
drivers’ licences as well as to create a national digital databank of
licenced drivers and registered vehicles. Whatever credits the FRSC
deserves for the landmark success it has achieved in this regard is
often beclouded by the unending delays that attend the issuance and
renewal of this critical document and, of course, the fact that the much
expected digital databank has remained a pipedream.
Thus, there is nothing new about states in a federation issuing their
own drivers’ licences. In the United States, drivers’ licences are
issued by the individual states for their residents. Specific
requirements and procedures for drivers’ licences vary from state to
state. However, under US federal law, a licence issued in one state must
be accepted in all other states including Washington DC and in all US
territories. Canada and many other countries also accept US drivers’
licences in deference to various international treaties. In Nigeria,
the situation is markedly different. In the first place, the federalism
practiced in America is different from the warped federalism practiced
in Nigeria: while there is decentralization of power to the states in
the US, the bulk of political power in Nigeria is vested in the federal
government. And there is no law in existence in Nigeria today that
compels any state to accept or recognise a drivers’ licence issued by
another state.
Lagos State Government has tried to justify it’s plan to issue drivers’
licences by basing it on the shortcomings of the the FRSC even though
some observers believe that the whole thing boils down to exploitng the
internal revenue generating potentials of the initiative. Still, there
is no doubt that the FRSC has been having difficulties in coping with
the task of producing drivers’ licences just as it has demonstrated
inadequate capacity to promptly provide required motor vehicle licence
plates across the federation. Already Lagos State is producing its own
motor vehicle number plates – a project which has been severely
criticized by the FRSC. But there can be no wisdom in trying to clear a
mess by creating a bigger mess. The solution to these problems ought to
be to find ways of strengthening the capacity of FRSC to achieve it’s
core duties and to fast-track the digitalization process without which
the e-licensing platform envisioned by the commission will remain a mirage. Lagos State Commissioner for Transportation, Bamidele Badfejo
has stated that when the state government begins issuing the Lagos State
drivers’ licences it would be the sole authority for a driver to drive on
Lagos roads. On it’s part, the FRSC has questioned the statutory right of
Lagos State to embark on the project and threatened to impound any
vehicle and prosecute any driver that drives on federal roads without the
national drivers’ licence. It is only in Nigeria that those saddled with
the responsibility for public welfare relate to each other as rivals
rather than as partners in progress. But where does this drawing of
battle lines leave the commuter who is going about his legitimate
business but finds himself caught in the cross-fire of two authorities
that cannot put their houses in order?
Beyond the unnecessary suffering that will be visited on commuters in
this battle of two elephants, the question of the legal basis of the
proposed plan of Lagos State needs clarification by a competent
authority. The public acceptance which the issuance of vehicle number
plates by the Lagos State Government has garnered owes more to the
desperation to have a faster source of number plates than the propriety
or even legality of the venture. Even though the FRSC has continued to
complain about this obvious invasion of it’s raison d’etre, it has acted
almost as if it was relieved that Lagos State was taking a load off
it’s shoulder.
But what is it that causes FRSC to spend weeks on end to process
issuance and renewal of drivers’ licences? This is one question that
cannot be glossed over.
In any case, the solution that will arise out of the plan by Lagos State
to produce it’s own drivers’ licence can only be partial. While Lagos
may have the capacity to initiate the venture, what about other states
with lesser capacity? And if every state in the federation copies the
example of Lagos State, every citizen that drives would require a
briefcase to hold the dozens of drivers’ licences that will be required
to drive from one end of the country to the other. That cannot be in the
public interest. In a country where forgery is rife we would only
succeed in compounding an already bad situation. Even where every state
is able to initiate the venture, will it not tantamount to a return to
the era of uncoordinated issuance of drivers’ licences and a negation of
the philosophy behind the creation of the FRSC? At this point in our
national development and with the jinx that has stagnated the national
identity card project, what Nigeria needs is a national drivers’
licences, not state drivers licences.
In the absence of a law made by the national assembly to compel the
acceptance of a drivers’ licence issued by one state by every other
state of the federation, the Lagos State drivers’ licence plan may turn
out to be an invitation to chaos. So, “Who wants a Lagos drivers’
licence?”, “Not me!”
By Uche Ohia
uchebush@yahoo.com; 0805 1090 050