Monrovia – Under the Vehicle and Traffic Laws of Liberia, the President, vice president and emergency vehicles have the right to use sirens in traffic and change lanes. Under the same law, police vehicles are allowed but only in emergency situations.
Since the end of the civil war, lawlessness has taken over with government officials both elected and appointed, taking matters into their own hands by bulldozing their way through traffic drawing ire from commuters and taxpayers, many of whom have become frustrated with the practice by so-called government big shots.
The big shot syndrome was resurrected Monday when President George Manneh Weah, in announcing the first case of the Coronavirus in Liberia declared that the index case, Mr. Nathaniel Blama, Executive Director of the Environmental Protection Agency, who arrived in Liberia on Brussels Airlines on Friday night, the 13th of March, along with several other officials of Government traveling on the same flight, chose not to be quarantined, in keeping with the health protocols that were in place at the airport.
While the Traffic law only reserves special treatment for the President and Vice President and police vehicles in emergency situations, most government officials seize on their titles to take matters into their own hands.
In recent years, some members of the national legislature in particular have misinterpreted Article 42 of the constitution which makes no mention of immunities from traffic violations. The constitution states: “No member of the Senate or House of Representatives shall be arrested, detained, prosecuted or tried as a result of opinions expressed or votes cast in the exercise of the functions of his office. Members shall be privileged from arrest while attending, going to or returning from sessions of the Legislature, except for treason, felony or breach of the peace. All official acts done or performed and all statements made in the Chambers of the Legislature shall be privileged, and no Legislator shall be held accountable or punished therefor.
Lawmaker Blocks Traffic
“Any person who operates a vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. A person who violates the provisions of this section shall be subject to a fine of not more than US$500.00 or imprisonment for not more than six months or both.”
Section 10.4, Liberia Vehicle and Traffic Law
Nevertheless, government officials and members of both houses of the legislature, from time to time abuse the laws.
This was evident Monday when Representative Richard Koon(Montserrado County, District No. 11, Unity Party) was seen bulldozing his way through incoming traffic and ordering motorists in the Freeport-area bound Vai Town-Claratown Road right lane to get out of his way.
One motorist was seen arguing with the lawmaker and exchanging unpleasant gestures, telling him that he was in the wrong lane to no avail.
The busy Vai Town and Claratown road is one of the most dilapidated roads in Monrovia filled with potholes and prune to traffic congestions both during the raining and dry season.
Section 38: 10.21 under the general rule of the Liberia Vehicle and Traffic Law states that vehicles shall be driven on the right half of every road of sufficient width except as follows: “When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; when overtaking or passing pedestrians or obstructions on the right half of the highway; when the right half of a road is closed to traffic while under the construction or repair; upon a roadway designated and signposted for one-way traffic.”
Section 10.21 states that drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon highways having width for not more than one line of traffic in each direction each driver shall give to the other as nearly as possible at least one half of the main-traveled portion of the highway.
Section 10.4 of the Vehicle and Traffic Law of Liberia in the Liberian Code of Laws is clear that: “Any person who operates a vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. A person who violates the provisions of this section shall be subject to a fine of not more than US$500.00 or imprisonment for not more than six months or both.”
Over the last decade, however, those laws appear to be nonexistent with police officers often abused while performing their duties.
A Trendy Practice
In 2010, Representative George W. Blamoh allegedly beat an LNP officer who attempted to impound his vehicle for improper parking and traffic violations.
During that same year, former Deputy Speaker of the House of Representatives Togbah Mulbah allegedly ordered the beating of LNP officer Lexington Beh for impounding a truck belonging to the Lawmaker. The incident became politicized when partisans from the Lawmaker’s political party, the Congress for Democratic Change, surrounded Mulbah’s residence the next day as Police attempted to arrest him. Upon further investigation, an 11-count indictment was issued in July, and Mulbah was awaiting trial at year’s end.
The lawmakers did not stop there, often using their legislative powers to summon the police for carrying out their duties.
Former Inspector General, Col. Chris Massaquoi himself was summoned and held in contempt by the legislature for simply discharging his statutory duty enshrined in the Vehicle and Traffic Laws of Liberia.
The former Police Chief was summoned because his officers apprehended a traffic violator who claimed to have been Senator Armah Jallah(Gbarpolu County). Even though the Senator himself was never onboard the vehicle, the driver insisted that the vehicle should benefit from all immunities that are restricted to him, even though traffic violation is not part of his immunities.
Despite the observations by the U.S. State Department, officials of government representing all three branches continue to ignore the vehicle and traffic laws of the republic and putting the lives of scores of motorists and pedestrians at risk of being maimed or killed.
In 2014, Senator Armah Jallah, misinformed his colleagues that he was in his vehicle on his way to execute his official duty when the Police chief obstructed him, something Jallah argued is in total violation of the Constitution of Liberia as it relates to the Legislature’s benefits and immunities. The Lawmaker’s story was rebuffed by eyewitnesses who explained that he was not in the vehicle when the offense was committed as he had claimed.
Expat’s View: ‘Boils Down to Ignorance’
“It boils down to ignorance. If you’re fortunate enough to have a UNMIL, Republic of Liberia, Consular Diplomat, or Non-Governmental Organization (this only works when it’s on a shiny white SUV) license plate, this doesn’t apply to you. You can drive like an idiot all day long and not get pulled over. The problem is, aside from the socioeconomic profiling that stems from corruption, that no one really knows the traffic law. Can I legally put a surf board on the roof of a taxi? Is it illegal to make a U-turn when there are no traffic signs in the country? What is the speed limit on a pot holed road in a shanty town?”
John Etherton, An Expatriate
During the saga, former police chief Massaquoi expressed frustration at the behavior of lawmakers misusing their powers, warning those in the habit of illegally and unlawfully using emergency devices such as emergency lights, sirens and horns to immediately desist and remove these devices from their vehicles. He also derided those in the habit of using the shoulders of the road to create a lane to refrain and stay on the main road. Massaquoi argued that such practice was becoming alarming to the point where some officials of government, saying that attempt to run the traffic police over is callous disrespect for the rule of law and safety of the public as well as the police whose duty is to regulate and control traffic.
“The above dangerous and illegal practice has becoming alarming to the
point where some officials of government when told to observe the traffic laws,
attempt to run the traffic police over in a callous disrespect for the law and
safety of the public and the police whose duty it is to regulate and control
traffic,” he was quoted as saying at the time.
An expat, John Etherton, during a trip to Liberia, who explained his experience as a victim of pullover by an officer of the LNP, aptly sums up the dilemma: “It boils down to ignorance. If you’re fortunate enough to have a UNMIL, Republic of Liberia, Consular Diplomat, or Non-Governmental Organization (this only works when it’s on a shiny white SUV) license plate, this doesn’t apply to you. You can drive like an idiot all day long and not get pulled over. The problem is, aside from the socioeconomic profiling that stems from corruption, that no one really knows the traffic law. Can I legally put a surf board on the roof of a taxi? Is it illegal to make a U-turn when there are no traffic signs in the country? What is the speed limit on a pot holed road in a shanty town?”
EDITOR’S NOTE: Readers are encouraged to snap photos of officials of government running afoul of the law and submit to [email protected]