Official statement the physical and verbal Assault inflicted on the TonyMay Foundation team

We wish to draw your attention to the viral video circulating on social media regarding the harrowing ordeal experienced by myself and the TonyMay Foundation team in the hands of Ameh S.A. and the Federal Road Safety Corps (FRSC) Marshal team along Berger, Apapa road on Wednesday the 15th of February, 2023.

TonyMay Foundation, is an organization committed to the care, awareness and advocacy for people with Sickle Cell Disorder in Nigeria. We were on our way from the monthly Sickle Cell Clinic at Kirikiri Town, Apapa, where we educate families about how to live a healthy and productive life with Sickle Cell Disorder. In the car, were 5 members of the team; David who voluntarily drove us to the venue of the monthly clinic, myself, who recently did a hip replacement surgery, Mrs Edith Otokhina, Anthony Anerua, a Volunteer, who lives with Sickle Cell Disorder and Kofoworola, a young Lady who also lives with Sickle Cell Disorder and joined us all the way from Somolu.

We were flagged down by Ameh S.A. and his team along Berger, Apapa, Expressway, Lagos.

As Law abiding citizens, we parked as requested by the Road Marshal team. They asked the driver, Mr. David for his Driver’s license as well as the Vehicle documents including the Road worthiness certificate. He willingly obliged them with all the necessary documents they demanded. The Road Marshal Assistant asked David to step out of the car and show him the cars safety features, that is, the fire extinguisher as well as our spare tire. He did as directed by them. After they had inspected the car’s boot and found the safety features, they asked us to accompany them to their office as we had violated the Road Safety Law.

We respectfully introduced ourselves and asked the Marshal team to inform us of our offence. They replied that we were charged on two count offences:

• “Altering Government’s property by painting our plate number and faulty brake lights”.

We responded that the last time that we were stopped by the FRSC Marshal team along Costain Road last year, we were advised to make our plate number more legible and all we did was to highlight the number with the colour that had faded, thus making it more legible. Moreover, our brake lights were in good condition. They insisted that we accompany them to their office. We asked that they inform us of the sections of the FRSC Act that we offended but they refused.

They claimed that there was a mobile court at their office and that when we get to the court, we will be informed of our offence. It is a Constitutional right of every person charged with an offence to be informed promptly of the nature of offence in a language that he or she understands and in the detail of the nature of the offense. After several attempts of explaining to Ameh and his team, we reluctantly agreed to go with them to the FRSC Office. He rudely asked our Volunteer, Tony to leave the front seat for him. Tony explained that he had a leg ulcer which required that he stretched and elevated his leg which was why he sat in front to allow for leg room. After the long back and forth, he finally agreed to sit with the three of us in the back seat. He tried to sit at the back but there was no space for him as we were three passengers. He asked me to carry the young lady on my lap and I explained to him that I had just had a hip replacement surgery and as such, I could not bear too much weight on my hips. Then he kept referring to us saying “See Sickle Cell! See Sickle Cell! He attempted to physically assault me as he saw me recording his reprehensible actions. He threatened to break my phone. He threatened to deflate our tyres and they had even ordered a towing van. We were forced to drive to their office in order to prevent our tyres from being deflated.

When we got to the command, we were expecting to appear before the mobile court as they had earlier represented. On the contrary, there was no mobile court at the office. We tried explaining to one of their superior officers, Marshal Alalade about the Unlawful actions of Ameh and his team but all attempts fell on deaf ears.In his words, he said that “There was no smoke without fire”. We were issued ticket which alleged three offences to wit:

• Vehicle number plate violation

• Assaulting Marshal on duty

• Light/Sign Violation

Surprisingly, our review of the extant law did not disclose any of the listed offences.

Marshal Nancy also mentioned the offence of “Camcording” to Marshal Alalade, a charge that was not included in the charge ticket and which is unknown to law. We requested for a copy of the charge ticket but they stated that they do not issue hard copies of the charge sheet, we firmly insisted on taking a snapshot of the offence sheet

The officers threatened that we delete the videos or else they will deflate our tyres. We responded that it will be on the condition that Ameh and his team tender an unreserved apology to us for their derogatory remarks.

Eventually, we were made to pay the sum of N15,000 Fifteen Thousand Naira. A copy of the receipt is attached herewith. After paying the fine, Ameh willfully retained and refused to return David's drivers license even after paying the fine.

We spent over two hours standing in the scorching sun due to this incident. Tony who had a wound dressing appointment at Igbobi Hospital, missed his appointment and the young lady who accompanied us from Shomolu had just received Malaria and Antibiotics injection.

We were not only physically stressed, we were emotionally traumatized and stigmatized as a result of our health condition, Sickle Cell Disorder .

We agree that the Federal Road Safety empowers the Corps to retain driver’s licence on our highways on cases of clear violation by virtue of Section 28 the Federal Road Safety Commission (Establishment) Act, 2007.However, we believe that Marshal Ameh and his team contravened Section 28 (2) of the Act which clearly stipulates the procedure for retaining drivers license.

Section 28 (2) of the Act provides that “ Where a driving licence is retained, whether or not pursuant to this section, the member of the Corps retaining the licence shall issue a notice of offence sheet indicating the seizure and inform the person surrendering the licence of the address of the office of the Corps at which it may be reclaimed.”

Ameh and his team subjected us to mental and physical torture by verbally and physically assaulting us thus violating our fundamental rights to dignity of the human person as provided under Section 34(1) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

Section 1 of the Discrimination Against persons with disabilities Act (Prohibition Act), 2020 outlaws the discrimination of a person on the grounds of one's physical, mental or sensory impairment. An individual and/or Corporate body who discriminates on this ground is liable to a term of six months imprisonment or a fine of N1,000,000 for a corporate body as well as N100,000 for an individual respectively. The actions of Ameh and his team specifically when he referred to as “ See sickle cell! See Sickle Cell! were utterly discriminatory as they lacked empathy for people with disabilities.

No one deserves the treatment that was meted to us by Ameh S.A and his team. We were in the course of our official duty which is to provide care for people with Sickle Cell Disorder. That which is supposed to be the responsibility of the Government is what we assumed because we bear the same burden, and having lost two siblings to Sickle Cell Disorder, we are committed to ensuring that no one dies needlessly as a result of Sickle Cell Disorder.

In view of the foregoing, we request Federal Road Safety Corps to do the following:

• Conduct an administrative review into the illegal actions of Ameh and his team. In that regard, you will find that the actions of Mr. Ameh and his team were not only illegal but also impacted on the integrity and reputation of the Federal Road Safety Corps in the eyes of the public.

• Instruct Ameh S.A and his team render an unreserved public apology for their discriminatory remarks.

• To effect the refund of N15,000 fine which was illegally and forcefully collected from us.

• To ensure the compensation of the affected members of the TonyMay Foundation’s team for the physical and psychological trauma experienced in the hands of Ameh S.A. and the Road Marshal team.

• Initiate the reform and retraining of the Federal Road Safety Corps teams especially as it relates to disability inclusion and compassionate communication skills.

• A reform and retraining of the Federal Road Safety Corps teams especially as it relates to legal practices and procedures with regards to traffic regulations.

These demands mean a lot to us. They did not only discriminate against the TonyMay Foundation's team, they stigmatized millions of people living with Sickle Cell Disorder in Nigeria and globally.

Stigmatizing people with Sickle Cell adds to the already existing burden that we face everyday.

In a society where people grapple with mental health issues as a result of disability or chronic illness.

We will be very grateful if our demands are promptly met as it will go a long way in ensuring an inclusive society. We look forward to your immediate action and response to our requests.

Yours Faithfully,

Winifred Otokhina

Chief Operations Officer,

TonyMay Foundation