DRINK DRIVING INITIATIVES
DRINK DRIVING INITIATIVES
(A Situation Assessment of Drink Driving
in Kano State
– Nigeria
By Uchenna
H. OKORONKWO.
The World
Health Organization (WHO) and World Bank “World Report on Road Traffic Injury
Prevention” has identified drink driving as a leading contributor to traffic
crashes globally. Nigeria, a member of the International Community, is made up
of 36 States with a Federal Capital- Abuja. Kano State
The Assessment
took me round the Centre of Commerce in an effort to identify what the
situation on ground is as well as the necessary steps to take in order to
arrest it situation.
Before I relate the encounters I had with relevant
agencies charged with the responsibility of ensuring safety on the roads and
enforcement of laws forbidding drink diving, it will be very necessary that I
first review the legislations already enacted to deal with the situation.
REVIEW OF LAWS RELATING TO DRUNKENNESS,
ALCOHOLISM AND DRINK DRIVING IN KANO
STATE
1. Shari’a
Penal Code Law No. 1 of 2000, Kano State:
The Kano State Sharia Penal Code Law[1]
was passed by the Kano State House of Assembly for the punishment of offences
committed in the State. It binds “every
person who profess the Islamic Faith and/or every other person who voluntarily
consent to the jurisdiction of any of the Shari’a Court
The
Law went further to provide that “a person
who does an act in a state of voluntary intoxication is presumed to have the
same knowledge and intention as he would have had if he had not been
intoxicated “[3].
COMMENT
This
section is intended to make clear that voluntary intoxication is no excuse for
the commission of a crime. It is a specie of madness for which the person is
himself to be blamed. “Let him who sins in drink be punished when sober.”
The
supreme court in TONARA BAKURI Vs. THE
STATE[4] held that an admission by an accused that he
was drunk is no defence however serious the charge.
S.74
(supra) provides that, “ Nothing is an
offence which is done by a person who, at the time of doing it, by reason of
intoxication caused by something administered to him without his knowledge or
against his will, incapable of knowing the nature of the act or that he is
doing what is either right or contrary to law “
COMMENT
The
code excuses a person who is made drunk by the trick or fraud of another or by
any other means without the person’s knowledge or against his will. The section
gives the same protection to a person involuntarily drunk as is extended to a
person of unsound mind. The term “involuntary drunkenness” according to S.S
Richardson[5] is limited to drunkenness induced in a person
without his knowledge or against his will. Whether a person is drunk
voluntarily or involuntarily is a question of fact to be determined by the
court. In the decided case of PATRICK OKEKE
Vs. THE STATE[6], on
appeal to the Supreme Court from the High Court of ILORIN, held that in a case
concerning S. 52[7] that the
decision in D.P.P Vs BEARD[8] is
distinguishable from the provision of Sections 42 & 52 (supra) where
intoxication is a defence only if the state of intoxication is caused by something
administered to the accused without his knowledge or against his will. The
decision in Beard’s case is, therefore, of no avail to a person who commits offence
even if that person is so intoxicated that he was incapable of forming the
necessary intent. In this case, the accused knew that smoking Indian hemp would
make him happier than drinking beer. He knew that beer could intoxicate and he
must therefore have known that the cigarette would intoxicate him more.
S.136 (1)[9]
provides that whoever drinks alcohol or
any other intoxicatant voluntarily shall be punished with canning of
eight lashes.
COMMENT
“Voluntarily” was interpreted thus “A
person is said to cause an effect “Voluntarily” when he causes it by means of
whereby he intended to cause it or by means which, at the time of employing
those means, he knew or had reason to believe to be likely to cause it”[10]
Subsection
(2) provides that “whoever takes or
injects or inhales any substance for the purpose of intoxication shall be punished
with canning which may extend to 80 lashes or with imprisonment which may
extend to one year or both”.
S.
137(supra) provides that “whoever
prepares alcohol by either manufacturing, pressing, extracting or tapping whether
for himself or for another; or transports, carries or loads alcohol whether for
himself or for another, or trades in alcohol by buying or selling or supplying
premises by either storing or leasing out premises for the storing or
preserving or consumption or otherwise dealing or handling in any intoxicant
shall be punished with canning which may extend to forty lashes or with imprisonment for a term, which
many extend to six months or both”
DRUNKENNESS
S.138
(supra)[11] provides that “whoever is found drunk or drinking in a public or private place, and
conducts himself in a disorderly manner to the annoyance of any person
incapable of taking care of himself, shall in addition to the punishment
prescribed in S. 137, be punished with imprisonment for a term which may extend
to six months or with fine which many extend to five thousand naira or both “
COMMENT
This
section is in pari materia with
sections 401 and 402 of the 1963 Penal Code Law.
It
criminalizes the drink of alcohol knowingly or willingly whether it intoxicates
or not. Other inhalable substances are equally included so far it’s capable of
intoxicating. It is immaterial that it did not actually got the drinker
intoxicated. All that is needed to be proved is the intake.
According
to Richardson
a. that the accused:
i. Uttered
some words, or
ii. made
some sound; or
iii.
made some gesture ; or
iv.
exposed some object; or
v.
intruded upon the privacy of a woman.
b. That in
cases (i) to (iv) above he intended that same shall be heard or seen by a
woman.
c. That he thereby intended to insult the
modesty of any woman.
Procedure
a. A warrant is required for the arrest of an
accused
b. The offence is bailable
c. The accused may be tried by the court.
However,
it should be noted that the section does not punish drunkenness as such. It
punishes drunkenness when aggravated by disorderly conduct in a public or private
place. The offence applies equally to all communities, according to Richardson
The other arm of S. 138 talks about the accused conducting himself in
disorderly manner to the annoyance of any person incapable of taking care of
himself. To ground conviction, the prosecution need to prove that the accused
was drunk and by his conducts angered a
person incapable of taking care of himself.
S.
403 of the 1963 Penal Code[12]
was omitted in the year 2000 Code. It provides that “Whoever being of the Moslem faith,
drinks anything containing alcohol other than for a medicinal purpose, shall be
punished with imprisonment for a term which may extend to one month or with
fine which may extend to five pounds or with both”
COMMENT
Richardson
added that an interesting discussion on the question- whether legislation of
this kind relating to limitations upon the consumption of alcohol by or sale, to a class of persons in the
community is discriminatory, may be found in a study of the proceedings on
appeal before the Supreme Court of Libya in the case of DINALI V.D.PP. This case was
a case that the Libyan court would have held if called upon to decide the issue
that the legislation was designed to protect public morals.
The
offence is punishable with Haddi lashing under S.68[14]
In
practice, the prosecution would be required to prove:
a. that the accused drank something
containing alcohol,
b. that he did so intentionally
c. that he did not do so for a medicinal
purposes
d. that he is a person of the Moslem faith
A warrant is required for the arrest of an accused; can be admitted
on bail and triable by the court.
2. ROAD TRAFFIC OFFENCES LAW OF KANO STATE
S.24(1)[15].
It reads, “Any person who, when driving
or attempting to drive, or when in charge of a motor vehicle on a high way is
under the influence of drink or a drug to
such an extent as to be incapable of having
control of such vehicle, shall be liable on conviction to a fine of Four
Hundred Naira or to imprisonment for two years or to both such fine and
imprisonmen,
(2) A person convicted of an offence under this
section shall, unless the court, for special reasons, thinks fit to order
otherwise, and without prejudice to the power of the court to order a longer
period of disqualification, be disqualified for a period of twelve months from
the date of the conviction from holding or obtaining a licence”
COMMENT
The
ingredients the prosecutor needs to establish in order to ground conviction
are-
a. That the accused was driving,
b. that as at the time he was arrested, he
was under the influences of drink or drug,
c. that his demeanor or behaviours showed
that he was drunk,
d. that he was
tested and that the result showed that he was indeed drunk,
e. that he was not
enable to answer questions put to him in court rationally.
With
the above ingredients, the court would be able to draw an inference that he was
drunk.[16]
3. FEDERAL ROAD SAFETY COMMISSION
(ESTABLISHMENT) ACT, 2007
S.
10(4) Provides that “In the exercise of the
functions conferred by this section, members of the corps shall have powers to
arrest and prosecute persons reasonably suspected of having committed any
traffic offences and serve such persons with court processes or notices of
offence sheet-.
(k). driving or attempting to drive a
motor vehicle on a high way under the influence of drugs or alcohol.
S.
28 (2) (supra) provides that “where a
driving licence is retained, whether or not pursuant to this section, the member
of the corps retaining the licence shall issue a Notice of Offence Sheet indicating
the seizure,and inform the person surrendering the licence of the address of
the Corps at which it may be reclaimed”
.
The penalty
is N10,000 (Ten Thousand Naira)[17]
EFFORTS OF KANO
In
the year 2003, the Kano State House of Assembly passed a law establishing a
body known as “ Hisba” charged with the responsibility of implementing
/enforcing the provisions of the Sharia Law[18]
Hisba
is dedicated to the abolition of the business and consumption of beer, sex work
and the policing of a moral order based on Sharia. The popular perception is
that only through Sharia can the problems of corruption, robbery, prostitution
and drunkenness be confronted. This scenario has been described as Islamism[19]
The
role of enforcing sharia dictates falls outside the mandate of the Nigerian
Police. The Kano State Government used Hisba (and is still using them) to gain
popularity by prohibiting alcohol, gambling and prostitution.
According to Olaniyi, in April 2001, a state
delegation under the commandment of the former Deputy Governor Abdullahi Umar
Ganduje led the Hisba corps and policemen to invade and shut down hotels where
they destroyed stocks of alcoholic drinks.
According
to the sharia law (which Hisba implements) any person convicted for
prostitution is liable to one year imprisonment or to a fine of N10, 000 or both.
The
Hiaba Board is empowered to discourage or report anybody found manufacturing,
drilling, distributing, disposing, consuming and possessing any brand of
intoxicating substances prohibited in Kano State
In
order to ensure the full implementation of ban on alcohol intake in Kano state, truckloads of
liquor were intercepted along the Kano – Zaria Highway & kept in the custody
of Hisba.
All
liquor licences already granted by the state were revoked. Eight beer parlous
were converted to school classrooms at Kumbotso, Makoda, Dala and Dawakin Kudu
Local Government Areas of Kano State according to Olaniyi. Out of the 452 beer
parlours identified by the Hisba Board, 13 were permanently closed. The Hisba
Board handed over 574 persons confirmed to be drunk to the police for
prosecution in the year 2009.
All
these facts and figures go to show clearly that the war against drink driving
had already commenced in Kano state leading to low profile of drink driving
related accidents.
INTERVIEW WITH THE SECTOR
COMMANDER, FEDERAL ROAD KANO-
Journeying
on the Nigerian roads have become a necessary evil which many could have kept
away from if an affordable alternative is at their disposal. Even the rich that
can afford to travel by air also cry. The reason is not far fetched and can
equality be solved.
Three
major causes of traffic crashes has been identified as- Human, road / weather
and mechanical factors. Undoubtedly, human factor contributes about 80% while
bad road/weather and mechanical (bad vehicles) share the remaining 20%.
It
is no longer news that the consumption of alcohol is generally banned in Kano State Kano
I arrived
the FRSC Kano State Sector Command around 9:15 am on 12th May 2010
and after few formalities was led into the office of the Commander. The
unscheduled interview took off soon.
EXCERPTS
Uche: my name is Uchenna H.
Okoronkwo . A Batch “A” 2010 Corps member serving at the Legal Aid Council, Gidan
Murtala Kano here.
Hassan: Corper Uche, you
are welcome.
Uche:
Sir, the World Health Organization and the World Bank recently released “World Report
on Road Traffic Injury Prevention “ identifying drink driving as a leading
contributor to road traffic crashes globally.
Hassan:
Drink what?
Uche: Drink driving or
drunk while driving. Am quoting them Sir.
Hassan: Ok
it is one of the contributing factors not the leading factor as far as Kano
Uche: Ok
Sir, I have embarked on the situation assessment here in Kano as a vital step
in the process of preventing or reducing crashes involving drunkenness while
driving . Sir, I deemed it necessary to contact your command being an agency of
the Federal Government charged with the responsibility of ensuring safety on
our roads.
Hassan: Ok. Do you think that drink driving is in
existence in Kano
Uche: Yes sir. I have already embarked on it.
It is rebuttable as to whether it is in existence here or not.
Hassan: Here is not the only appropriate place to
start. We can give you facts and figures which will be very useful to you but
you have to widen your scope of research. Reach out to selected major motor
parks and joints, speak with the leaders of National Union of Road Transport Workers
(NURTW) and their members. You will really appreciate the situation better by
so doing- the commercial drivers in particular. They are more in number and
constitutes the greater percentage of defaulters.
Uche: Sir, you see, why I decided to call on
you first is because, due to the nature of your work, you might have apprehended
some defaulters in the course of your patrol through which vital specific
information useful to me can be gotten.
Hassan: I am telling you of where you should start
from. How many time do we go about looking for drunkards? It is in the course of
our patrol that we make arrests. The issue of whether they are drunk arises
during further investigation. Has it occurred to you to find out who are the
persons involved, what time of the day, month or year is it prevalent? Have you
adverted your mind to these? These are the facts that will make your research
wider. Let these come to your mind. As I said before, visit motor parks within
the vicinity. Observe them yourself. Ask people around. Widen your scope.
Extend it to drugs. They are all part of what you are trying to solve. Go to
joints where alcoholic drinks are sold like Sabon Gari. There are other substances
people take which intoxicate more than alcohol.
Uche: Thank you sir for adverting my mind to
the areas you mentioned. I actually have them in my pad to be taken gradually.
Do you mean that drink driving incidents are rare in Kano?
Hassan: Yes very rare. Are you aware that
consumption of alcohol is illegal in Kano? But that does not imply that it is
not in existence at all. It is not likely to be notified in the day but towards
the close of office hours, after market, at the end of the month when salaries
have been paid and at night. It can also be noticed during ceremonials like
wedding, naming ceremonies etc. Then in the year, it is towards the end of the
year. The ‘ember’ months, between September and December. So you don’t see
drunkards during the day but after office hours from 4pm down. The next
questions is which age bracket and among which drivers indulge in drinking
alcohol?
Uche: Sir, you are in a better position to
answer this.
Hassan: It is the youths. The male gender not female.
Those between the ages of 18- 40. The commercial drivers rank highest in the
other group.
Uche: Where do the crashes occur mainly?
Hassan: It is common everywhere. It can be within the
township or highway. It occurs at both
Uche: Why do drivers get drunk while driving?
Hassan: What is your own answer to that?
Uche: I think it is in order to get confidence
while on wheel among other reasons best known to them.
Hassan: Is that your own view? That is why I advised
you to go to motor parks and find out for yourself. However, you are not wrong. From
investigations, some take it for unjustifiable reasons like to keep awake at night,
agility etc. What they don’t realize is that they spend more than their income
in such drinking exercise. Their income reduces, their vision get blurred and
often end in accident. Go and talk to
the drivers. We don’t go about looking for drunk drivers but when they violate
traffic rules, upon investigation, drunkenness may be discovered.
Uche: How do you detect or carryout your
alcohol test on the suspects?
Hassan: Breathalyzer. We use a device called
Breathalyzer to clinically test the suspect. You need to see it. It is yellow in
colour. It is usually inserted into the mouth of the suspect and blow air into
it. If the suspect tested positive, it will turn to either fair green, deep
green or extremely deep green depending on the quantity consumed.
Uche: How are injuries categorized?
Hassan: What do you mean? Is it by name or according
to the part of the body involved?
Uche: According to the part of the body
injured
Hassan: Head injuries, fracture of the skull or burn.
Please, contact medical personnels. They will explain it better. We don’t
concern ourselves much with that.
Uche: Do you impose administrative license suspensions
on the drivers arrested?
Hassan: No. We have other penalties such as
suspension of the driver or seizure of the driving licence unless in very serious
cases.
Uche: Do you have reformative programs for
defaulters?
Hassan: Yes. We do carryout reform or corrective
measures on them.
Uche: How
and where?
Hassan: We
organize it here in our command premises. It is usually in form of lectures,
enlightenment, showing them accident films etc. We do this in conjunction with
National Drug Enforcement Agencies (NDLEA) in appropriate cases.
Uche: How often are they expected to attend
the program?
Hassan: On daily basis. They may attend once and go
depending on the gravity of each case.
Uche: Is there any effort made to plot the
locations of drink driving crashes like entertainment zones?
Hassan: To close? Is it constitutional for us to do
that? We don’t have such powers.
Uche: What is the profile of casualties as a
result of drink driving crashes here?
Hassan: When accident occurs or a crash is reported,
we focus on the most glaring factor e.g the road, the driver’s attitude etc.
You cannot see the alcohol physically but you can see the taker and observe his
behaviours. Passengers are usually helpful in providing information.
Uche: What role should the
passengers play in preventing such avoidable crashes?
Hassan: Once a passenger discovers that the driver
is drunk, he should not hesitate to call our attention. If they are till in the
motor park, they should report to the officials of NURTW or the police.
Uche: What type of road users are usually
involved in drink driving?
Hassan: Commercial bus drivers, tanker drivers,
commercial motorcycle operators etc It
can affect anybody passing.
Uche: Is alcohol readily available in Kano
Hassan: No except at Sabon Gari. Alcohol
consumption has
has been banned in the state.
Uche: Is there any place or point where
suspects can be reported?
Hassan: Suspects can be reported to the police, the Federal
Road Safety Commission (FRSC), Officials of the National Union of Road
Transport Workers, or Hisba (empowered by the Kano State Government to
implements Sharia Law). In this era of GSM, just make a call to us. Our contacts
are open to the members of the public.
Uche: Does your Notice of Offence Sheet prescribe
penalty for drunk drivers?
Hassan: Take a look at this one, (he gave me the
Notice of Offence Sheet. In the sheet, the following information were clearing
stated:- CODE: DAD; POINTS: 3; Penalty N10,000, ltem : 7 – Driving Under Alcohol
/Drug Influence; Federal Road Safety Commission ACT, 2007, Sections 10(4) & 28 (2).
Uche: Do you have a court that handles these
matters especially ones relating to drink driving?
Hassan: Yes we have a mobile court handling FRSC
matters.
Uche: Which court is that?
Hassan: Chief Magistrate Court 18 sitting at
Nomansland but moves with us to locations.
Uche: Who is the magistrate?
Hassan: Chief Magistrate Rakiya Sani (Mrs)
Uche: Where exactly does the court sit as a
mobile court?
Hassan: Our location determines where it will sit
for that day usually High way.
Uche: Have you been able to secure any
conviction?
Hassan: Yes we have convicted one offender
Uche: What relevant Laws are put in place to
enable you prosecute as well as the penalties?
Hassan: Federal Road Safety Commission
(Establishment) Act 2007 precisely sections 4(10) & 28 (2). The penalty is N10, 000.
Uche: Does Magistrate have discretion in
imposing lighter penalties than those prescribed by the Act?
Hassan: Yes the Magistrate has such powers. We
usually sit with the Magistrate of the
mobile court. In appropriate cases, we reduce the penalty.
Uche: Is the mobile court on ground now?
Hassan: Yes. It is on ground. Mobile courts are
usually constituted or set up from time to time. As I said earlier, our
location determine where it will sit for that day.
Uche: Are there penalties for serving alcohol
to minors?
Hassan: There is but NDLEA is in a better position
to expatiate on that.
Uche: Are there screening programs in place to
determine if further assessment for alcohol abuse is needed? Who overseas them
if any?
Hassan: No. not really.
Uche: Any penalty for habitual offenders?
Hassan: Disqualification from driving. We also seize
the driving licence from such habitual offender. We do contact his family
members and discuss on the workable solution with them if he is a personal
driver. If he is anemployee, we invite his employer to relieve him of his employment
as a driver and assign him another work if he wishes. Such habitual offenders
who defer our reformative programs are usually difficult to handle.
Uche: Who conducts the breath testing?
Hassan: We have para- medical section in our command
that undertakes that. I told you that we use a device, which we usually blow
into. If he has taken alcohol, it will indicate green colouration. The reading
of the device will establish the quantity taken or otherwise.
Uche: Are habitual offenders required to display
a special licensed plate or sticker on their plate?
Hassan: No. They are not required. We don’t issue
that to them.
Uche: Do you impound vehicles of habitual
offenders?
Hassan: Yes we have the powers to do so in
appropriate circumstances.
Uche: Do you have rehabilitation programs for
habitual offenders?
Hassan: Yes we have I told you before.
Uche: Who oversees the running of it?
Hassan: My command does that.
Uche: Which media are primarily used for public
awarerness campaigns by your sector command?
Hassan: We use NYSC like you. Isn’t it. (Laughs) We
make use of both the print & electronic media.
Uche: Is there strong enforcement of the law
on driving under the influence of alcohol?
Hassan: Very strictly enforced. No compromise. NURTW
and other transport unions will attest to this.
Uche: On the whole, what percentage of traffic
law is dedicated to drink driving?
Hassan: If you go through the FRSC Act 2007, you
will discover that we didn’t include playing music, changing of Cassette, CD, a
woman carrying her baby on the laps while driving, arguing or discussion with
passengers, using one hand to drive etc as enforceable offences but we included
driving under the influence of alcohol. That shows that there is greater
percentage of traffic law dedicated to drunk while driving.
Uche: Finally sir, are there dedicated FRSC
unit focused on drink driving?
Hassan: We have para-medical section in place to do
that but all the corps members are trained to detect drunkenness & take
necessary action. Ask NURTW to tell you the measures they have to prevent their
members from drink driving. Let me know the outcome of this your project.
Uche: Thank you very much sir. Am grateful.
INTERVIEW WITH MAGISTRATE
RAKIYA SANI (MRS)
CHIEF MAGISTRATE ll OF CHIEF MAGISTRATE COURT KANO
Uche: Good afternoon Your Worship. My name is
Uchenna H. Okoronkwo. I am a Batch
“A” 2010 Corps Member serving at the
Legal Aid Council here in Kano. I have embarked on a Situation Assessment of
Drink Driving in Kano State. I have been to the Federal Road Safety Commission
and they informed me that your court handles matters relating to road traffic
offences.
Magistrate:
You are highly welcome to my chambers. Feel free. It is a laudable project.
Uche: Thank you Your Worship. Is the law
banning alcohol consumption of Nigerian origin?
Magistrate: It
is not so to say. It is in the laws of Kano State
It
is not a Federal Legislation but the Federal Road Safety Commission has an
equivalent one. However, this law provides for “punishment of persons driving motor vehicles under the influence of
drink or drug” It did not, per se, forbid alcohol consumption but driving
when it is taken. The Kano State Law
that banned alcohol is the Sharia Law. This later law is not of Nigeria Kano and some other Northern States
Uche: I will like to get the full detail of
that S.24 (1) you referred to.
Magistrate: Ok
you can make copies of them.
Subsection (1) provides
“Any person who, when driving or attempting
to drive, or when in-charge of a motor vehicle on a highway, is under the
influence of drink incapable of having proper control of such vehicle, shall be
liable, on conviction, to a fine of Four Hundred Naira or to imprisonment for
two years or to both fine and imprisonment;
(2) A person convicted of an
offence under this section shall, unless the court for special reasons, thinks
fit to order otherwise, and without prejudice to the power of the court to
order a longer period of disqualification, be disqualified for a period of
twelve moths from the date of the conviction from holding or obtaining a
licence”
Uche: Has there been any conviction?
Magistrate:
Yes. Throughout my sitting so far, I have been able to convict only one person.
That was between November and December 2009.
Uche: What are the particulars of the case?
Magistrate:Please wait for me to trace it. It was
between COMMISSIONER
OF POLICE Vs. KABIRU ISMAILA, Case No: K/22C/09 (unreported). The accused person, a retried civil servant, was driving under
a heavy influence of alcohol along Stadium Road Sabon
Gari which was my sitting location
that day. The officers of the FRSC
apprehended him and immediately arraigned him before me for
driving under the
influence of drink.
Uche: What were the elements of the offence
the prosecutor adduced to be entitled to conviction?
Magistrate:
The prosecutor established:
(1)
That the accused was driving
(2) That as at the time he was arrested, he
was under the influence of drink
(3) That from questions put to him, he was
drunk with alcohol.
Uche: So those elements were established on the
above case?
Magistrate: Yes. The accused’s behaviour was
so glaring as well as the odour. In fact, I ordered that he be made to relax
for about 15mins before he was put on trial, at least to allow him recall where
he was. He could not. He was staggering. The court put questions to him but he
was unable to respond rationally. The evidence were so manifest. His
psychological response as well as demeanor left no doubt in my mind that he was
drunk. He was, accordingly convicted.
Uche: What, was the conviction imposed on him?
Magistrate: The Law provided for 6 months
imprisonment with an option of N5000 fine. He paid the fine & I ordered the
seizure of his car for 3 months and an undertaking not to drive while drunk
again.
Uche: Do you have discretion to impose a
penalty less than the one provided by law?
Magistrate: Yes the above is not the maximum. The Road
Traffic Code prescribed 2 years imprisonment or fine of N400. That was 1991
Law. N400 was big amount then.
Uche:
Thank you Your Worship
Magistrate: Thank
you. You are always welcomed.
[3] see S. 65 CAPII Part
1 dealing with Criminal Responsibility
[4] (1965)
NMLR 163
[5] C.B.E, M.A.
(OXON). HON, LL.D (A.B.U) of the Lincoln Inn, Barrister – at Laws, Director of the Institute of Administration, Ahmadu Bello University Zaria and lately
Commissioner for Native Courts Northern Nigeria.
[8] (1920) AC 479
[10] S. 26 (SUPRA)
[11] dealing with
punishment for drunkenness is in a public or private place
[12] dealing also with
drinking alcoholic drink
[15] dealing with
punishment of persons driving motor vehicles when under the influence of drink
or a drug
[16] Magistrate Rakiya Sani (Mrs) Chief Magistrate II Of Chief
Magistrate Court 18 Nomansland SABON GARI Kano
[18] see Kano State Hisba
(Amendment) Law No.6 2003.
[19] See “Hisba and the
sharia Law Enforcement in Metropolis Kano by Rasheed OLANIYI of the Department
of History, University of Ibadan Oyo
State Nigeria.
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