A Lawyer and a public affairs commentator in Adamawa state,Barr Sunday Wugira said the commissioner of police,Audu Madaki does not have any power under the law to impose a ban on the use of motorcycles.
Wugira said is Giving Adamawa CP A 7 Days Ultimatum to Rescind Ban on Motorcycles or Face Legal Action that has already led to the death of three people and caused several injuries.
“The question we should ask is, does the Commissioner of Police has the power under the law for whatever reason to impose a ban on the use of motorcycles?
“He does not have the power because when he issues such a ban, it infringes on the right of movement which has been guaranteed under the law.
Sunday Wugira maintained that both the Inspector General of police, Muhammed Adamu and the Adamawa state Commissioner of police, have trampled on the rights of Nigerians and that of the people of Adamawa for free movement and association already provided for by the Constitution of the country and that the police acted illegally by not seeking the approval of both the executive and the legislature on an issue that has a telling impact on the economy and well being of the people.
Sunday Wugira said, while the police possess within its right, the power to restrict movement temporarily in order to address a particular security concern, it however lacks the power to restrict movement perpetually on the people of Adamawa state thereby causing grievous social and economic dislocation by its action.
Wugira explained that the imposition of a ban on motorcycles by the police infringes on the rights of the ordinary Nigerian and specifically the people of Adamawa who rely on the mode of transportation to carry out their day-to-day activities and that the ban could lead to more lost of lives because emergencies like child deluvery in most local communities are aided by the mode of transportation in question and economic activities like farming, trading, among other activities are carried out through the aid of motorcycles.
He clarifies that the life of the ordinary Adamawa resident has been made difficult by the ban especially the poor who uses the vehicle to conduct his daily business and agricultural activity.
“As long as he has the power to proffer solutions to the security of the state, but can he suo motu impose a ban without both the legislature and the executive accenting to it?” Wugira challenges.
He said, “This ban has far reaching consequences on the life of the people especially in emergency situations such as women on delivery and a host of other economic and social activities that are conducted in our local communities on motorcycles.
“Yes, he has the interest of the state, yes kidnappers used it for their evil acts, but that does not give him the power to unilaterally impose a ban that could cripple the economic and social activity of the state.
“Look at what ultimately happened in Gurin where three lives were lost and several others injured as I reliably gathered.
“Primitive solutions cannot put a stop to the problems we have.
“Kidnappers and criminals use motorcycles but they also wear clothes, should we stop wearing clothes? They eat food, would we stop eating so that kidnappers would ho hungry? They use cars, are we going to stop driving cars?
“I am using this medium to give him a seven days ultimatum to reverse his decision, it is undemocratic and reprehensible.
“There are laws that govern this country and the IGP does not have the power, suo motu to ban motorcycles because it affects the well-being of the people.
“While we call on the people to be law abiding, am sure the people will fight for their rights and I will be instituting a legal action on behalf of the people of the state.
“I will be submitting a letter to the commissioner of police Monday challenging the illegal act and the police must reverse its decision.”