You don’t have the power to ban ‘Aboboyaa’ – Henry Quartey’s lawyer
A private lawyer, Judge Abdullai, said Greater Accra Regional Minister Henry Quartey did not have the power to take away the rights of operators of motor tricycles commonly known as “Aboboyaa” by banning them.
He said operators can sue the minister or the government following the decision to truncate their activities.
The minister announced the ban on Aboboyaa on the main roads of the capital during a press conference held at the conference room of the Regional Coordination Council (RCC) on Monday, October 25.
Mr. Quartey said that, as part of the efforts of the Regional Coordinating Council (RCC) under the “Let’s Make Greater Accra Work” program to ensure strict regulatory compliance with LI 2180, the Regional Security Council of Greater Accra (REGSEC) noted with concern the wave of flagrant indiscipline on our roads in particular, by drivers of motorcycles and tricycles. As far as citizens have the right to own and drive motorcycles and tricycles, this must be done in accordance with the Road Traffic Regulation (2012) LI 2180 ”.
He said that REGSEC, in collaboration with the Department of Motor Traffic and Transport (MTTD) of the Ghana Police Service, the National Road Safety Authority (NRSA) and the Driver and Vehicle Licensing Authority (DVLA), has l ‘intention to rigorously apply road traffic rules in the metropolis. through a joint working group, particularly in the areas of red dipped beam headlights, driving without a license, using an unregistered motorcycle or tricycle and driving without appropriate equipment .
He further enumerated that “As of November 1, 2021, no motorized tricycle (Aboboyaa) should circulate on the highway.
”However, as per the planned exercise, all motorized tricycles, especially motorcyclists and tricycles, should stay clear of all major highways and main streets and restrict their operations to community driving by the next day. February 1, 2021 3. All owners of unregistered or uninsured motorcycles and tricycles will have until Tuesday, November 30, 2021 to regularize their papers. Failure to comply with this directive will be the basis for legal action. When motorcycles and tricycles are not registered, owners or drivers must have and provide valid customs / shipping documents.
“All unlicensed motorcycle and tricycle riders will be arrested, prosecuted and required to acquire a valid driver’s license. All motorcycle and tricycle riders must obey all traffic rules. Riders who cross the red light and break other traffic rules will be stopped and prosecuted.
“All motorcyclists, bikers and trike riders must wear the appropriate equipment, ie reflective jackets, helmets, knee and elbow protection and boots, where applicable. All motorcycles must not carry more than two people, i.e. the rider and a passenger.
“All violators will have their motorcycles / tricycles impounded. Violators will have a maximum of one month to explain why bicycles should not be disposed of in accordance with Ghana Police Service CI 76.
But Judge Abdullai told TV3 in an interview that “You cannot take away from a person the substantive right granted under the law with an LI, he cannot do it.
“If you intend to take away from a person the substantive right granted under the law, you will have to change the substantive right and, in this particular case, a person who has obtained the license to drive a car, a tricycle or a motorcycle under the Road Traffic Act.
“This person’s right is granted under this substantive law, he cannot withdraw it simply by passing an LI in your village or region or district.
“They can face the government, they can face the state, they can face the minister because the minister does not have the right to take away their substantive right.”