A private legal practitioner, Justice Abdullai says the Greater Accra Regional Minister Henry Quartey did not have the power to take away the rights of operators of motor tricycles popularly known as “Aboboyaa” by banning them.
He said the operators can sue the Minister or the government following the decision to truncate their operations.
The Minister announced the ban of Aboboyaa on major highways in the capital city at a news conference held at the Conference Room of the Regional Co-ordinating Council (RCC) on Monday, October 25.
Mr Quartey said, as part of the efforts by the Regional Co-ordinating Council (RCC) under the “Let’s Make Greater Accra Work” agenda in ensuring strict regulatory compliance with L.I 2180, the Greater Accra Regional Security Council (REGSEC) has noted with concern the spate of gross indiscipline on our roads especially, by motorcycle and tricycle riders. In as much as citizens have the right to own and ride motorcycles and tricycles, they must be done in accordance with the Road Traffic Regulations (2012) L.I 2180”.
He said the REGSEC in collaboration with the motor Traffic and Transport Department (MTTD) of the Ghana Police Service, the National Road Safety Authority (NRSA) and the Driver and Vehicle Licensing Authority (DVLA) intends to rigorously enforce road traffic regulations in the metropolis through a joint task force, particularly in the areas of crossing traffic lights when it turns red, riding without license, the use of an unregistered motor bicycle or tricycle and riding without the appropriate gear.
He further listed that ” Effective November 1st 2021, no motorized tricycle (Aboboyaa) should ply the motorway.
” 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.
“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.
“All motorcycles, pillion riders and tricycle riders shall wear the appropriate gears i.e. reflective jackets, helmets, knees and elbow protectors and boots where applicable. All motorcycles shall not carry more than two persons i.e. the rider and a pillion.
“All offenders will have their motorcycles/tricycles impounded. Offenders will be given a maximum of one month to show cause why the bikes should not be disposed of in accordance with C.I 76 of the Ghana Police Service.”
But Justice Abdullai told TV3 in an interview that “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.
“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.”
