Ban on ‘aboboyaa’: You can’t use LI to take one’s substantive right-Legal practitioner
“If you intend taking away a person’s substantive right granted under the law, you would have to amend the substantive law and in this particular case a person who has obtained the licence to drive either a car or tricycle or motorbike under the Road Traffic Act. That person’s right is granted under that substantive law, he cannot take it away simply by passing an L. I within your village or your region or district,” he said.
A private legal practitioner and law lecturer, Justice Abdullai has cautioned the Greater Accra Regional Minister, Henry Quartey against his decision to ban the use of tricycles popularly called ‘aboboyaa’ in the capital.
According to him, if the minister intends to carry out such a ban, he ought to seek an amendment of the substantive law that guarantees the rights of the tricycle users.
“You cannot take away a person’s substantive right granted under the law with an LI, he can’t do that.
“If you intend taking away a person’s substantive right granted under the law, you would have to amend the substantive law and in this particular case a person who has obtained the licence to drive either a car or tricycle or motorbike under the Road Traffic Act. That person’s right is granted under that substantive law, he cannot take it away simply by passing an L. I within your village or your region or district,” he said.
Speaking in an interview with TV3, Justice Abdullai further said that the operators of the tricycles can sue the Minister per his directive to truncate their activities.
“They can take on the government, they can take on the state, they can take on the minister because the Minister doesn’t have the right to take away their substantive right,” he added.
On October 25, The Greater Accra Regional Minister, Henry Quartey announced the ban of ‘Aboboyaa’ on major highways in the capital city.
” However, in line with the intended exercise all motorized tricycles, in particular motorcycle and tricycle riders should keep away from all major highways and principal streets and restrict their operations to community riding by February 1st 2021.3. All owners of unregistered or uninsured motorcycles and tricycles shall have up to Tuesday, November 30, 2021, to regularize their documentation. Non-compliance with this directive shall be the basis for legal action. Where the motorcycles and tricycles remain unregistered, owners or riders must possess and provide valid customs/shipping documentations,” part of the statement indicated.
“All unlicensed motorcycles and tricycle riders shall be arrested, prosecuted, and be made to acquire a valid rider’s license. All motorcycle and tricycle riders shall observe all road traffic regulations. Riders who cross the red light as well as violate other traffic regulations shall be arrested and prosecuted,” he added
This directive has however been postponed to February 2022 to ensure proper education and sensitization.
“In line with the intended exercise, all motorized tricycles should keep away from all major highways and principal streets and restrict their operations to community riding by February 1, 2022,” the extension statement noted.
