Legalising recklessness
"As flies to wanton boys so are we to the gods. They kill us for their sport."
"The gods are just and of our evil deeds make instruments to plague us."
William Shakespeare in KING LEAR.
Samuel Stephenson Bio, the Night Editor of the Daily Graphic, recently drew our attention to the scourge of motorbike accidents and the associated deaths and injuries to thousands of our compatriots, while we all look on unconcerned, as if the menace is normal.
When we were at the Ghana School of Law between 1999/2002, the mantra was that 50 per cent failure was normal.
The feeling was so strong that one lecturer threatened me that if I did not take care, I would fail his paper.
My crime was that I had expressed displeasure about his approach to teaching.
While he indicated that there were two schools of thought on Interpretation, all the facts he presented favoured the purposive approach, which underlined the fact that laws must be interpreted purposively to reflect the reason why they were passed. ‘
He failed to outline anything about the second one, the structuralist approach, which emphasised that the structure of the law was a major factor in its interpretation.
I thus asked how the lecturer wanted us to be comprehensive when his submissions had been one way.
His reaction was that I should desist from my position; otherwise, I would not like the consequence because he could fail me.
When the results came, I had a C+.
I, therefore, decided to report the matter to the Registrar since I felt justifiably that I deserved nothing less than a B.
On my way to the Office of the Registrar, I met one of the lecturers who greeted me cordially.
He asked me where I was going, and I told him about the threat and the consequent grade I got.
He burst into laughter and asked me whether I knew the number of my mates who failed that paper, and I was complaining about a C+.
With that stark reality, I decided to discontinue my protestations.
Is it that, like the Ghana School of Law at the time, the recklessness and the consequent deaths arising from the operations of Okada, Pragyia and Aboboyaa are normal, so there is no need to continue to ban them?
After reading the piece by Mr Bio, I saw a motorbike rider picking up four kindergarten girls from school last Monday.
Three of the children were in front with the rider, while the oldest, probably about four years was behind.
I dared to ask whether the rider had any value for his own life and that of the children, all girls.
He ignored my inquisitiveness with disdain and contempt.
The police on road traffic duties just waved him on without a question.
Concern
That is why I want to express a concern about the efforts by the government to legalise the use of motorbikes and ‘Okada’, ‘Pragyia’ and ‘Aboboyaa’, for commercial purposes. Unfortunately, sometimes politicians value populism over reason.
It was a National Democratic Congress (NDC) administration which passed the law to ban the use of motorbikes and tricycles for commercial purposes.
But immediately after, on the floor of Parliament, a Member of Parliament (MP), who was the Greater Accra Regional Minister, openly challenged the enforcement of the law, insisting that the law would never be enforced in the Greater Accra Region.
When the NDC realised that the okada, pragyia and aboboyaa businesses had become profitable and popular, in the face of the widespread youth unemployment, including the sarcastically, Unemployed Graduates Association, it promised to legalise their operations to create jobs whenever it won power.
Thankfully, in the December 7, 2024, general election, the party won overwhelmingly, and as promised, the Minister of Transport recently announced that the Cabinet had approved a draft bill to legalise such operations.
During the tenure of Nii Adjiri Blankson, as Accra Metropolitan Assembly, AMA Chief Executive, one of the most effective and comprehensive decongestion exercises was carried out by the AMA, culminating in the establishment of what came to be known popularly as Circle Mall, the number of stores and stalls around the GCB Bank PLC building at Odawna, Adabraka.
Then there was a by-election at Odododiodio, and his efforts were torn into shreds.
Years later, Henry Quartey attempted to replicate what was achieved by Nii Adjiri Blankson, but that too was scuttled.
Thus, in looking at what Shakespeare has postulated, is it that the gods punish us for nothing and we are not to blame for the mishaps or that we are our own enemies and from our actions, we invite the gods to inflict violence upon us.
Wrong reasons
The profitability, effectiveness and efficiency of the Okada,Pragyia and Aboboyaa for commercial purposes are for the wrong reasons.
Operators of these transport systems do not follow any law, rule or regulation about road safety. We are, thus, trading death for money and recklessness as an avenue of employment.
If we were to count the cost of human lives lost by these entrapments, we would never talk about giving them a face.
For instance, in Kumasi, where the police appear to be hypnotised by Okada, Pragyia and Aboboyaa, they ride on every side of the road, irrespective of direction, on the kerbs and medians, without consideration for other motorists and pedestrians.
In Germany, even bicycles cannot ride on the opposite side of the road, but here, Okada, Pragyia and Aboboyaa ride on any portion of the road and more so in any direction.
More importantly, any casual observer can point to the fact that the majority of the drivers are below voting age and unlicensed; they have no regard for road signs, including traffic lights and junctions.
They can turn in the middle of a dual carriage provided they can scale the kerbs and move left or right once they want to reach their destination quickly.
Legislation
Whatever piece of legislation that has been approved by Cabinet and which will be brought before Parliament, must ensure that every person who rides any of the gadgets must be qualified and licensed. Minors must not be allowed.
More importantly, they must be made to comply with all road safety rules and regulations, including respect for lanes, traffic lights and parking lots; safety must be imposed above speed and employment generation.
When they are made to follow all the rules and take responsibility for their actions, we would realise that such motorised entities are no more efficient or profitable than the four and more wheels vehicles.
The law must require them to join traffic, since even where the lanes are many, none is permitted to move between or beside another, outside a delineated lane. We must focus more on reason than populism.
