How politics, others impede effective enforcement of laws

Laws are designed to govern the behaviour of individuals within a society for collective good. But when there is no enforcement of the law, it breeds disorder and anarchy in the society. SILVER NWOKORO reports that the government’s failure to effectively enforce its laws is a corollary to their continuous violation by defiant citizens.

The primary function of the State is to uphold law and order. It includes catering for the welfare of the people and ensuring peace and security within a society. These goals are achieved through the administration of justice, which operates through the mechanisms of criminal and civil justice systems. These mechanisms serve to protect rights and prevent injustice by enforcing laws and punishing offenders.

For instance, Lagos State, a dynamic metropolis with a diverse population, is facing numerous challenges relating to the ineffective enforcement of law and order.

Many of these laws have been imposed, yet they don’t achieve the desired outcomes. Despite the penalties imposed on offenders, compliance remains low.

According to some citizens, the main reason for the lack of total compliance with these laws hinges on the government’s failure to provide adequate social amenities.

One of the laws that are usually observed in breach is the Lagos State Environmental Protection Law 2017. The law prohibits noise in private and public places. It states that it is an offence to display or engage in the business of selling musical records and playing any musical instruments, songs, lyrics and usage of a public address system in public places.

It forbids the use of public address systems for loudspeakers to propagate beliefs or ideas, advertise any good or solicit and disseminate information in any residential places; the use of public address systems or loudspeakers to solicit passengers or advertise the sale of goods at parks, markets or public places.

In addition, the law also prohibits the discharge of substances into the environment, dumping and burying of toxic or radioactive, medical and harmful wastes, prohibition of air pollution by discharge of injurious gases and others. But citizens hardly obey this law, while enforcement is technically nonexistent.

Also, the disability law of 2018 is being ignored. This law provides that discrimination against Persons with Disability (PWD) is forbidden. It grants PWDs the right to access physical environments and buildings on an equal basis with others.

It provides that a public building shall be constructed with the necessary accessibility aids such as lifts (where necessary), ramps and any other facility that shall make them accessible and usable by PWDs.

Included in the provisions of the law are that sidewalks, pedestrian crossings and all other special facilities for public use shall be made accessible to PWDs. Unfortunately, there are still some public buildings without access to PWDs.

Again, not many are aware that Lagos has a public smoking law enacted in 2014. Years after the law, the state still struggles with its enforcement as smokers do not care about their smoking environments.

The law, which comprises 16 sections, outlaws smoking in all public places such as libraries, museums, public toilets, schools, hospitals, daycare centres, schools, public buses, restaurants, hotels, stadia, among others. Penalties for defaulters range from N10,000 to N50,000 in fines or imprisonment.

Again, the state made a law banning street trading, hawking and displaying of wares on walkways. But street traders and hawkers are regular sights in the city.

In addition, the Tenancy Law 2011 mandates property owners to enhance the living conditions of their tenants. It also provides that yearly tenants must pay one year advance only, while monthly tenants must not pay more than six months. However, some landlords still request for two or more years without consequences.

Furthermore, in Lagos, pedestrians have been prohibited from dashing across highways and advised to use pedestrian bridges instead. However, many bus stops do not have pedestrian bridges. For example, at the Toyota bus stop, where the Ladipo motor spare parts market is located, there are no pedestrian bridges.

Even more concerning is that individuals using some of the existing overhead bridges also get robbed owing to lack of security measures in such places.

Notwithstanding the government’s inability to provide essential social amenities, there is a lack of awareness and publicity surrounding existing laws, leading to widespread ignorance and illiteracy among the populace.

This makes it imperative for the government to sensitise the public about its laws, starting from the drafting stage through public hearings and commencement period to ensure widespread compliance. Unfortunately, the commitment to enforce these municipal laws is not just there.

Convener, Criminal Justice Network of Nigeria, Nathaniel Ngwu said although ignorance of the law is not an excuse, non-publicity, and the creation of awareness of these laws are not the fault of the people.

Ngwu attributed part of the cause for civil disobedience to economic challenges. He said the high cost of food items, high unemployment and general inflation can make citizens of any society lose their minds. Ngwu added that unnecessary frustration in the people could trigger civil disobedience.

“If we have a government that is committed, they will investigate it critically. It’s not about increasing the electricity tariff or increasing the cost of fuel. It is about the leader understanding that these terrible issues could cause a kind of havoc or civil disobedience that the government might find difficult to quell if it starts.

“But they believe that the people cannot do anything. However, the frustration is making survival difficult for the people. They are not finding it easy. The people who are enjoying now are those in government and those who engage in illicit businesses,” he stressed.

He noted that there is no political will to fully enforce valid laws. According to him, the States have very good laws, but the problem is implementation.

Ngwu called on the National Orientation Agency (NOA) to improve on its job of sensitising the people to government policies and laws. He added that Civil Society Organisations (CSOs) should be engaged more because they have offices in communities and are closer to the people.

A senior partner at Elite Solicitors and Advocates, Chuks Malcolm Nwobi, explained that lack of accountability by both the government and the citizens is the reason for civil misconduct and non-enforcement of laws.

“It is a disease that stems from both those who govern and those who are governed. As a result, there is an abuse of trust in the system, which makes it difficult for the ordinary man in the streets to follow orders. The principle of what is good for the goose is good for the gander should apply.

“Another issue is the tyranny of our laws. Most of our laws are outdated and need a major shakeup, especially as it relates to our charter of existence, which is the 1999 Constitution. I find it funny how section 13 of the Constitution is not justiciable, which means that an aggrieved person cannot ventilate his grievances in court.

“I think that the Constitution as has been rightly stated does not reflect the consensus of the Nigerian people. It simply delineates roles and responsibilities but does not address the critical need nor reflect the modern realities of our time,” he said.

Nwobi added that a situation where sacred institutions begin to lose credibility and trust from the people as a result of corruption, nepotism and lack of political will, would always generate mistrust. The machinery of justice and access to court, he emphasised, should be addressed.

The lawyer stressed that enforcement of laws should apply to every offender regardless of status or any other consideration. He recommended the death penalty for corruption offences, adding that it would go a long way in reducing civil disobedience and stemming the tide of public disorder. He suggested an overhaul of all law enforcement agencies, including the Police for efficiency and effectiveness.

A Lagos-based lawyer, Chinwike Ezebube believes that before the public order laws are enforced, the institutions and personnel through which the laws are enforced must be assessed.

“The incapacitation of the institutions and their personnel are the reason the enforcement of the laws fails. The reasons included political interference, which has a huge impact. People who act corruptly are absolved from obvious liabilities because of political party affiliations. Religious and tribal affiliations also have a hold on the inefficiencies.

“Again, weak judiciary and malleable law enforcement agencies also have major contributions to the anomaly. Until the institutions are redeemed and the personnel reoriented, the public sphere will be in tatters,” Ezebube declared.

For the President of the Admiralty Lawyers Society of Nigeria (ALSN), Angus Obinna Chukwuma, when law enforcement agents fail to enforce the law, anarchy and disorder may set in.

He lamented that enforcement of laws is difficult because corruption, tribalism, sectionalism, religion, and lack of facilities among others have affected the system.

His words: “Law enforcement agents compromise by collecting bribes and letting criminals go free. People commit crimes knowing they will be able to bribe their way through.

“Officers sabotage the efforts of their colleagues geared towards law enforcement. Sometimes, lives are lost in the process as some law enforcement agents are exposed to avoidable enemy attacks due to the sabotage of their colleagues. Law enforcement officers tend to treat defaulters from their tribes with kid gloves. In their minds, others can face the music, but not their kith and kin.”

He added that inadequate equipment and facilities can make the enforcement of laws fail. Where criminals possess greater arms, law enforcement agents will become the underdogs, he stated.

Chukwuma advised: “The government should properly equip law enforcement agents with appropriate and adequate munitions.

“Regular training is also needed to keep the law enforcement agents up to date with the trends in crimes and to appropriately reduce their exposures to harm and defeat.”