TONY ADIBE
SCARED by the presence of heavily-armed soldiers and anti-riot policemen
on the roads in Enugu, commercial motorcycle riders popularly called “okada
men” on Sunday kept off the roads in Enugu, thereby making commuters and church
goers trek to their various homes.
As at the time of this report, not even the few operators of motorcycles with
100cc engine capacity, recommended by government were seen on the roads.
Our correspondent gathered that the okada operators were playing safe, not
wanting to be caught on the wrong side of the law, although they are apparently
protesting the state government’s decision to clamp down on them beginning
from Sunday February 15, four days ahead of the original deadline of February
19.
The disappearance of the commercial motorbikes from the roads, also made the
battle-ready soldiers and anti-riot policemen patrolling the streets to enforce
the law rather redundantly since there was no one for them to arrest.
Few of the okada men in the neighbourhood who spoke to our correspondent but
would not like their names in print said they would continue to withdraw their
motorbikes from the roads until commuters begin to feel what they called the
negative impact of the government decision.
Even the residents were afraid of boarding any okada since they said they
were not quite certain of the particular brand of motorbikes that would be
safe for them so as not to violate the law banning okada operation in the
state.
“The government is very satisfied with the level of compliance so far. We
commend members of the Motorcycle Transport Union for being law-abiding and
good citizens. We implore our people to bear with us while we hasten action
to extend the credit being given by the government to genuine operators,”
said state Commissioner for Information, Ayogu Eze, who reacted to the development.
In a two-page, 10-paragraph statement signed by Eze and issued to newsmen
in Enugu at the weekend, the government said it had decoded on the advice
of the security council to bring the grace period down to Sunday February
15 from Thursday February 19 owing to security reports that some infiltrators
of the ranks of the members of the motorcycle transport union planned to abuse
the grace period to cause some mischief and disturb the peace of the state.
But members of the motorcycle operators reacting to the government’s determination
to clampdown on the “okada” operators four days before the original deadline
(February 19, 2004), said through their counsel, Nwabueze Ugwu, that already
the police in various divisions are already apprehending, and detaining these
okada men as well as confiscating their motorbikes. He added that the arrested
okada men were being charged to court for what he called “a non-existent offence,”
noting that “many of them have been charged, and when we raised objection
to the effect that there was no such offence, the various courts upheld our
contentions, discharged the motorcycles, discharged and acquitted the okada
men, and then dismissed the charges.”
Ugwu further told newsmen that the “Federal High Court granted us an order
last September 29, to pursue our fundamental rights under chapter IV of the
1999 Constitution; and also further ordered that the order so granted operate
as a stay of actions and proceedings in respect of the subject-matter of the
application. It was after this order was granted and still subsisting that
our clients were arraigned in various courts for various offences.”
He also recalled that on Thursday, February 12, the state counsel representing
the state government and the police in court gave “an express, unequivocal,
resounding undertaking to the Federal High Court, that nothing was going to
be done to harass or disturb the okada men, nor indeed interfere with the
subject-matter of the his pendence in line with the earliest order of court
staying all actions.” He added that despite the express undertaking, an advert
appeared on several newspapers in Friday February 13, warning the okada men
as well as their prospective passengers of the dangers they stood if they
still went ahead to ply the roads.
Ugwu, therefore, called on the President and Commander-in-Chief, Defence Minister,
Inspector-General of Police, Chief of Army Staff, the General Officer Commanding
(GOC) 82 Division and the commanding officer of 103 mechanised battalion at
Awkunanaw, Enugu, as well as the state police commissioner to withdraw the
soldiers, he claimed, were detailed to enforce the ban.
He also wanted the policemen on the roads and streets in Enugu to obey the
order of court by not harassing, molesting or arresting any motorcyclists
on the road, pending the final determination of the proceedings in court.
However, Eze said government has therefore advised the operators of the banned
motorbikes to note the government decision to apply the law, which had been
in place as a regulation since 2000, and as a law of the State House of Assembly
since 2003, adding that time of operation remains 6 a.m to 7 p.m daily.
“The government wished therefore to state that from that date, it would deal
decisively with any violator of this law by confiscating the offending bike
and throwing the offending operator and or passenger into jail. The law prescribes
equal penalty for operator and passenger, Eze warned.
He further said: “The government hopes that these infiltrators, spurred by
their faceless bankers, will not insist on testing the will of the government
to bring this law about. Anyone who dares shall have a sad story to tell.”
Tuesday, February 17, 2004