Oni, S.I., Okanlawon, K. R. Asenime, C.O. (2006), Institutional Framework for the Transformation of Transport Administration in Metropolitan Lagos in An Agenda for a New Nigeria The Imperative of Transformation, Anifowose, R. and Babawale, T. (eds.), Concept Publications Limited, Lagos, pp. 421- 437. INSTITUTIONAL FRAMEWORK FOR THE TRANSFORMATION OF TRANSPORT ADMINISTRATION IN METROPOLITAN LAGOS By Oni, S.I., Okanlawon, K. R. Asenime, C.O. Department of Geography, University of Lagos, Nigeria E-mail [email protected] Abstract One of the biggest problems facing transportation in Lagos State is poor synergy, co-ordination and control at different levels of various government transport parastatals. Rather than work closely as partners, the agencies see themselves as rivals. Hence, this paper reviews existing institutional arrangements. The paper exposes the various overlaps among the various transport agencies in Lagos State. It also highlights how the identified overlaps generate conflicts, the effects of these conflicts on smooth traffic flow, especially at major intersections in the Metropolis and identifies strategic solutions to these problems. The overlapping functions of different transport agencies in the state generate conflicts in a bid of the agencies to assert jurisdiction and authority during operations they have left commuters to suffer untold hardships. However, the situation is not out of hand as all it will take to remedy the situation is to first see that they are all working towards the same goal and need to work together. The need to adopt the concept of integrated and coordinated multi-modal transport system management becomes the most obvious solution in solving this problem. Introduction Lagos has grown from a small fishing settlement to a megalopolis accommodating over eight million people. This huge population requires mobility by various transportation means. Meanwhile, the various institutions planning and managing the intra-urban movements do not have a well-coordinated and integrated arrangement. Many of the observed shortcomings in the transportation system in Lagos stem from sector management weaknesses. These include absence of an articulated or adopted policy and strategic framework for the transport sector, fragmentation of institutional responsibilities between various agencies at the three levels of government with an uncoordinated framework, as well as absence of standard procedures for the technical and economic evaluation of programmes and projects resulting in a strong bias towards capital expenditure rather than making better use of existing investment through better management and maintenance practices. The total road network of Lagos extends to 5,180 kilometres of which 591 kilometres (11.4) are federal roads, 2,743kilometers (53) are state roads, and 1,846 kilometers (35.6) are local government roads. The Lagos network is low with a limited number of primary corridors, operating at or near capacity, carrying the bulk of the traffic. The situation is further exacerbated by gates erected on secondary roads that are locked-up most times, or during petrol fuel scarcity resulting into perennial queues. In addition, very few road intersections are signalized, manual control and enforcement are restricted to working hours of 8am-4pm, while roads are impassable during raining seasons because of lack of drainage. Others use roads for socio-cultural and economic purposes such as on-street parties, ceremonies, celebrations and worshipping, unofficial or semi-official market and marketing activities. Public transport particularly buses, are almost entirely owned and managed by the private sector, and there is no major fleet operator. Public bus transport operation is highly fragmented with a high level of operational indiscipline. The existing bus fleet is estimated at about 75,500, the majority are minibuses (danfos). Comparatively, the earlier surveys indicate that danfo numbers have increased significantly in recent years, whereas molue (medium-sized Bedford buses), are gone into extinction. The transport operators have not been able to replace their vehicles (big buses) as they became aged. The rail service is controlled by the Nigerian Railway Corporation (NRC) which currently operates a limited commuter service between Agbado (Lagos North) and Iddo (Lagos South). The rail facility here constitutes an under utilized asset. Both the National Inland Waterways Authority (NIWA) a federal agency and Lagos State Ferry Services Corporation (LSFS) regulate the use of waterways for transportation. Water and rail transport currently carry less than one percent of the overall traffic in Lagos, but they still have very good potential to play greater roles in the movement of people, goods and services in Lagos. Understanding of institutional arrangements should contribute through assessing the interaction of legislation and regulations administrative, economic and financial arrangements political structures and processes and historical and traditional customs and values. Greater understanding of the way in which these variables interact in transport and traffic administration and management would facilitate predictions about the possible future, as well as prescriptions for alterations to existing institutional patterns. Sustainability and liveability tendencies of the Lagos Metropolitan Area rest on the capacity to manage the traffic and transport sector for an improved, efficient and enhanced public transport network. Existing Situation of Urban Transport Administration The administration of urban transportation in Nigeria follows the structure of government administration in Nigeria, that is, the three-tier form of government – federal, state and local. Statistics shows that about 67 of the total road network in the country is under the local governments. Thus, the responsibility of providing and managing urban transport services and urban road networks fall on the lowest level of government which is the least able to respond both financially and technically. Other problems include poor coordination, and fragmentation of responsibilities among federal ministries and bodies, which do not relate to one another in any way (Oni 1999). At The Federal Level Agencies and parastatals under the Federal Government involved in transport management in the state include National Inland Waterways Authority (NIWA), Federal Road safety Commission (FRSC), Federal Urban Mass Transit Authority (FUMTA), Nigeria Ports Authority (NPA) and the Traffic Unit of the Nigeria Police. At The State Level Agencies and parastatals commissioned by the Lagos State Government for the control and management of transportation include Lagos State Traffic Management Authority (LASTMA), Lagos Metropolitan Area Transport Authority (LAMATA), Lagos State Ferry Services (LSFS), Lagos State Ministry of Public Transport (LSMPT) and Vehicle Inspection Unit (under the State Ministry of Public Transport) in Nigeria. Institutional Conflicts A review of Lagos transport system contained in the Lagos Metropolitan Transport Authority (LAMATA) document of 2003 identifies the current overlaps and the lack of institutional capacity as significant contributory factor to the poor level of urban transport services, poor co-ordination and planning, as well as fragmentation of duties. In an apparent move to improve the traffic situation of Lagos State, the Federal, State and Local Governments have set up agencies and parastatals to help the megalopolis out of its current traffic problem. These various parastatals and agencies performing their constitutional roles and responsibilities have encountered some conflicts with each other due to over laps. The following are some identified conflict areas Lagos State Ferry Service (LSFS) and National Inland Waterways Authority (NIWA) Part of the statute that established the LSFS empowers it to carry passengers within the Lagos Water System, a role NIWA has encroached on when it invokes its power which mandates it to design Ferry routes and operate ferry services. NIWA always wants LSFS to clear with it before operating any new route in the state, while LSFS sees the waterways as its nature-given right and therefore believes it has the freedom to operate anywhere in Lagos. The Federal Road Safety Commission (FRSC) and Lagos State Transport Management Authority (LASTMA) There is a current conflict between the Federal Government and the Lagos State Government on the control of traffic in the State. While LASTMA sees all roads in the state as falling within its jurisdiction, the federal Government has ordered LASTMA off its roads probably due to disagreement between the Federal and Lagos State Government. In areas where they do not have men on ground, the traffic situation has become chaotic, especially in places like Obalende, CMS and the Old toll gate where the traffic could be overwhelming. FRSC and Vehicle Inspection Office (VIO) Part of the statutory law that established the FRSC gave it the power to check vehicles for roadworthiness. The conflict arises when the FRSC will mount its own roadblock and the VIO will do the same not too far from each other in apparent show of power. Rather than achieve its purpose, they end up obstructing traffic flow. Federal Road Maintenance Agency (FERMA), LASTMA and LAMATA Part of the law establishing FERMA in 1999 gave her the right to construct, alter and maintain roads declared to be Federal Roads and to ensure the uninterrupted flow of vehicular and pedestrian traffic. Currently on some major intersection in the state, officials of FERMA, LASTMA and LAMATA jointly control traffic. This has caused a lot of confusion amongst motorists as regards who has superior authority. Such conflict is noticed daily at the Jibowu Roundabout Yaba, Awolowo Way Roundabout in Ikeja, the intersection under the Ikeja By-pass, Mile two interchange Flyover, etc. This prompted the Federal Ministry of Works to order LASTMA and LAMATA to leave its road. Despite that order, LASTMA and LAMATA officials are still seen harassing motorists and causing traffic hold-ups instead of facilitating traffic flow. The situation has become worse as motorists now resist them knowing that they do not have any jurisdiction over those roads anymore. Lagos State Ministry of Public Transport (LSMPT) vs. LAMATA An unhealthy rivalry exists between LSMPT and LAMATA. The law establishing LAMATA puts it directly under the Governors Office and it is mandated by law to co-ordinate and formulate transport policies and programmes. LAMATA is also expected to coordinate external policies and agencies on behalf of the State Government, maintain roads and provide infrastructural facilities for road, water and rail transport. The enabling law that established LSMPT also mandates it to formulate appropriate policies, co-ordinate and monitor the implementation of the policies and external agencies, as well as provide transport infrastructure and equipment in the state. These obvious overlaps have engendered strife amongst these two bodies as each one wants to assert it self in the scheme of things. Institutional Arrangement The National Urban Transit Policy for Nigeria (1996) has clearly shown the following problems bedeviling institutional arrangements regarding urban transport activities in Nigeria and Lagos in particular. Urban Transport activities in Nigeria are characterized by proliferation of management bodies. This has clearly created overlaps and conflicts in the provision and management of urban transport infrastructure and services and the enforcement of traffic laws and regulations. Previous recommendations on institutional reforms have been largely ignored. The present federal system arrangement puts urban transportation predominantly under the control of the local governments. Thus, local governments manage 67 of urban roads, state governments 27 and federal government 6 only. Whereas, local governments are grossly under-funded, lack technical expertise and other resources to provide for efficient urban transport infrastructure and service delivery most of the roads in the state fall under their jurisdiction. The functions and level of involvement of the three-tiers of government are not clear. Their roles overlap, are duplicated and confused. Such situation will not allow for a successful implementation of urban transport policy, and can only be meaningful within the context of an effective, coherent and well-coordinated institutional framework. Symptoms of Institutional Failure Empirical evidences have shown that there is no clear definition of responsibilities among the three tiers of government. This development has led to institutional conflicts in several areas, especially in enforcement, infrastructure provision and use, policy formulation and coordination. Absence of long-term strategic planning, resulting in reactive planning, i.e. ad-hoc decisions is another symptom, as well as poor regulation and enforcement the land use control and regulatory instruments are ineffective where they exist. The poor road network reflects the political-institutional shortfalls of commitment, money, and skills many agencies are involved in providing roads but few in maintenance legal responsibilities are unclear or passive planning has been reduced to the selection of individual roads for investment projects with little attention to local priorities and means are controlled by the centre at the local levels, available funds are used for emergency repairs leaving little for upkeep and incentives are biased against low-cost interventions and improvements in accessibility. These problems are accentuated by acute capacity constraints such as shortages of competent professionals. A common trend running through these problems is weak local institutions. Nigerian states are highly centralized local governments are often more agents of the central government. Donors, unwilling to entrust implementation to dysfunctional local governments, have often perpetuated the weakening of local institutions by assigning projects to central government ministries. Strengthening local institutions is the centerpiece of transport development. Local empowerment requires the build-up of capacity in both the public and private sectors. In cities with multiple local governments such as Lagos Metropolis, in this case, the creation of a single authority named LAGOS METROPOLITAN AREA TRANSPORT AUTHORITY is a welcome development (Oni, 2004). This body is now the only mechanism by which effective unification and coordination of transport policies and programmes can be constituted and implemented for the metropolitan area. This development is a long-term institutional reform objective. Problems Constraining Probable Solutions According to Oni (2004), other problems constraining certain identified solutions include Unguided urbanization – Market and marketing activities, stacking of building materials on roads and occasional traffic/parking spill-over from religious and social centres. No systemic guild/plan to guild the citys growth. Land-use Change – Irregular and uncontrolled high- rise development, unguided redevelopment programmes and commercialization of residential land-use unguided and inconsistent land-use planning practices. Human Factors Indiscipline and corruption, enforcement problems (disobedience and disregard for law), poor driving habits, frequent friction and conflicting responsibility among different levels of government over land-use controls. Poor Transit Facilities Lack of sidewalks, pedestrian walkways, cycle ways, bus stops, and traffic control devices and lack of Traffic Information Systems. Poor Macroeconomic Climate- Lack of an integrated, comprehensive and coordinated positive policy poor and non-integrative institutional arrangement environmental deficiencies and general urban management problems. Over-reliance on engineering ingenuity and road transport with increasing supply consciousness. As such, there is imbalance on the two sides to transportation problem supply and demand ineffective involvement of the private sector in the improvement of traffic facilities lack of committed political will and security on transport facilities. Local Government Funds After months of legal war, the court declared the withholding of statutory funds of the 57 local councils in Lagos State by the Federal Government as illegal, null and void. It also refused to nullify the elections held on 27th March 2004 into new local governments in Lagos State. The court ruled that the Lagos State Government could create additional new local councils (Odunuga et al, 2004). Adalemo (2005) however declared that the action of the Lagos State Government in creating more local government areas is a step in the right direction. He says however that the state needs to do more than merely create local government areas. They have to be made functional. The State Government must ensure a credible devolution of responsibility as well as that of authority. The local governments must be allowed to administer their areas. They must be allowed the freedom to form cooperative and collaborative units with neighbouring units to take care of issues requiring such arrangements. The State Government will then be free to play a co-ordinating role in transport administration. Strategies for Successful Institutional Arrangement The Urban National Transport Policy has features of guided participation of the three-tiers of government. In addition, the role of private institutions and non-governmental organizations should be clearly defined. The Federal Government should continue to provide funds for urban transport infrastructure in first order urban centres, the state governments should take care of the urban road and water transport infrastructural facilities within its jurisdiction while the local governments should construct and maintain routes within its jurisdiction, and also take care of traffic management schemes. The State Urban Transit Agency should be concerned with the following functions Urban Transport planning, management, designing and maintenance of infrastructural facilities. Others include regulation of public transport services, determination and implementation of appropriate traffic management and control measures. Other functions include liaison with the local governments, fixing, collecting and controlling fares and rates, and formulating parking policy in line with local needs. Some other functions of the agency include enforcing traffic regulations, ensuring effective intermodal co-ordination, undertaking research and development and presentation of annual state of urban transport action plan and report to FUMTA. The Local Urban Transport Agency shall be concerned with Parking control and enforcement, data collection and analysis at the local level, Traffic control and enforcement, identification of road black spots, traffic signs, road markings and education of users and public transport operations and control. Empirical surveys (LUTP, 2001 and 2005) of all these activities show very negative responses, as implementation of any of these desired goals and aspirations by the POLICY DOCUMENT is yet to start. Integrated Transport An integrated transport implies the development of seamless chain of transport whereby the different modes of transport are coordinated and used in such a way that each mode has the opportunity of fulfilling its districts potentials. The goal of modern governments in its transportation is to achieve an integrated transport system. The analysis of the Nigerias transport system so far, indicates a warped modal development tilted in favour of the road transportation. The road is responsible for about 90 of both freight and passenger transport. Although the road is good for short to medium distance freight haulage, it is almost solely responsible for the carriage of bulk goods through all the length and breath of the country, including the study area. Whereas goods arriving by water should be transported from port by rail or inland waterways, the ports, except in the case of Apapa and Port Harcourt, ports are not connected by rail and the waterways are not dredged, leaving the roads as the only option. This obviously will overstretch the roads. Connections must exist between the ports, the rail, the inland waterways, the air and the road. By making use of the advantages of the different modes, transport costs are reduced and resources are better utilized (National Transport Policy for, 2003). Past attempts to introduce integrated transport planning had been constrained by administrative bottlenecks. If we are to succeed in establishing new land use and transport goals and measures, some institutional changes are expedient. Therefore, integration of road transport and infrastructure planning and operation should ideally be accompanied by relevant institutional reforms, as shall be recommended later in this paper. Against the background of policy framework, institutional reforms are needed towards achieving better service delivery, greater rationality in decision-making, higher sense of accountability and increased and holistic use of available policy instruments. There is a very strong need for an implementation agency, an autonomous body such as the Lagos Metropolitan Area Transport Authority (LAMATA) which is under the direction of governing Board of Directors. The Board will direct operations of LAMATA through the office of the Managing Director who shall be the only full time member of the Board. The board appoints the managing director subject to the approval of the State Governor. It is also responsible to government through the office of the state Governor. LAMATA is now charged with the co-ordination of transport policies, programmes and actions of all agencies at different tiers of government. Constituted by the State Governor, its Board comprises representatives of the various groups involved in the provision of transport services in the state. Current Strategic Solutions-LAMATA The Lagos Urban Transport Project (LUTP) is currently supporting the first phase of the implementation of the governments transport sector strategy, focusing on the issue of institutional capacity and capacity for the metropolitan transport sector. The strategy establishes a single agency with the responsibility of planning, co-ordinating and reallocating responsibilities to agencies. LUTP is a special-purpose organ set up to serve as the regulatory body for the structured refocusing, redesigning and development of all aspects of the states urban transportation system. It is configured and benchmarked to meet the best international standards of organizational framework and operational performance. Created by a corresponding bill in 2002, LAMATA was set up in 2004 as a semi-autonomous agency to ensure the highest level of service in public transportation in Lagos metropolis. It was established with the World Banks collaboration in the form of technical advice and direct financial assistance. LAMATA is expected to provide an overall and a strategic planning basis to address the long-neglected transport needs of the metropolis and co-ordinate activities of the different executing agencies to provide a common and consistent basis for implementation. LAMATA is to be run as a private-sector outfit, with an independent 13-member board, representing government and private transport-sector operators responsible for formulating, co-ordinating and implementing urban transport policies and programmes for the Lagos metropolitan area. The agency is designed to formulate and implement programmes and policies for the overall improvement of public transportation systems, and orderly and structured development of the mass transit system, among others. Its other tasks include carrying out the comprehensive maintenance of roads and related infrastructure, taking an inventory of road and transportation network, continuous evaluation of road network status, overall improvement in traffic flow and planned and programmed traffic engineering and management works. By so doing, the agency will assist in poverty alleviation by increasing economic efficiency through lower transport costs and prices, and enhancement of employment and social opportunities. LAMATA is to collaborate with partners such as relevant government ministries/parastatal, civil society organizations, NGOs, organized Public Transportation Associations, the media, other institutions and the general public. Recommendations Based on the foregoing analyses of the findings, the following recommendations are made Intra-urban train service is very crucial for mass commuter and freight haulage in a metropolis like Lagos. A proper public transportation system, integrating rail, road and water should be introduced. Rejuvenating/resuscitating the dying water transport system Adequate and regular maintenance of road and road infrastructure is a must. Best use of road space such as discouragement of road use for parties, cultural activities, abandoned vehicles and haphazard roadside parking, markets/marketing activities, construction activities and locking of street gates should be entrenched. Transport and traffic education, especially on urban road, safety measures through the print and electronic media should be embarked upon for commuters drivers and other road users. There is need for an integrated and co-ordinated inter and multi-modal transport system involving road, rail and water transport. Better involvement of private transporters/stakeholders in public transportation is desirable. Free import duties/subsidies on commercial vehicles and spare parts, and promotion of local fabrication of spare parts and components should be considered as capable of boosting the transport sector. An effective institutional arrangement should be worked out where LAGOS STATE METROPOLITAN TRANSPORT AUTHORITY is fully institutionalized and integrated for better rapport with the Local Government Councils and the State Government. Freight/Goods transport should be fully considered in the LAGOS URBAN TRANSPORT POLICY. Organizational Structure for Public Transport Management In organizing the public transport system, the local governments should recognize their relationship, with other institutional bodies, which interact to make the whole public transport sector conducive for operation, i.e they should not exist in isolation of other operators. Local governments must complement the efforts of private operators and not compete with them. They must assess their potentialities, and the areas where they are best suitable, and must reflect the historical, social and cultural background. At the local level each local government is to establish a local government transport authority to be responsible for the urban transport matters including the overall planning, monitoring and management at the local level. Local Government – Functions will include implementation of local areas traffic schemes, maintenance of local roads, development of appropriate revenue-generation policies and co-ordination with planning and other relevant departments at the local level, establishment of a skilled unit within each local government capable of the planning, designing, implementation and maintenance of local traffic management schemes, creation of local forum in which the views of the relevant individuals and agencies, on the proposals can be heard and their contributions considered. Similarly, a Traffic Management Unit (TMU) was proposed to be established in the office of the Chairman, capable of planning, designing, implementing policy, and maintaining local traffic management schemes and assessment of the transport impact of land use proposals. State Governments Scope of coverage include- development of basic transportation policy, establishment of policy goals and objectives for the transport sector, maintenance of existing primary and secondary roads, implementation of traffic management schemes and the monitoring and evaluation of the players in the transport sector and the provision of technical support to cities with multiple local governments such as Lagos Metropolis, Kano metropolis, Port Harcourt, Abeokuta, Ogbomoso, Maiduguri, Jos and Owerri. In this case, the creation of a single authority to be named Metropolitan Area Transport Authority (MATA) could be considered. This body should then be the only mechanism by which effective unification and coordination of transport policies and programmes can be constituted and implemented for the metropolitan area. The development of this is viewed, therefore, as the long-term institutional reform objective. The expectations of the local, state and federal governments, the private sector and non-governmental organizations in the transport sector require an administrative body to articulate these inputs such that overall efficiency of the operation of the Lagos Metropolitan Area Transport System is enhanced. This authority is proposed as an administrative unit for the effective unification and coordination of transport policies, programmes and actions in the area. The principal functions of the authority are the co-ordination of transport investment plans and programmes within the metropolitan area as approved by the board in general, implementation of the states transport plans and programmes and monitoring and supervision of the operation of public transport operators. The policies and programmes of the board may be executed either directly through the authority of any of the agencies represented on the board. It should be the duty of the managing director of such an authority to liaise, as appropriate, with all agencies having transport responsibilities at local, state and federal levels such that the recommendations made to the board take account of the proposed transport plans and programmes of these agencies. Users need to be educated about laws and regulations in order to gain their acceptance and compliance. The strong inter-relationship that exists between enforcement, the driving environment and education should be reflected in institutional arrangements for urban transport improvement. The authorities and responsibilities of each responsible agency should be clearly delineated and those with co-ordinating responsibility clearly identified, resourced and empowered. Linkages should be across different tiers of government. Conclusions The present system can be described as highways to nowhere, therefore, there is an urgent need to engage professionals to assist in achieving functional, responsive, and sustainable transport in Lagos. Lagos Metropolitan Area Transport Authority (LAMATA) must be allowed to take care of traffic system within the metropolitan region. The Lagos metropolitan transport policy must focus on traffic management with least cost yet high goals. Multi-modal transport is required, which gives modernized rail based mass transit a priority. The Federal Government in collaboration with the private sector should endeavour to develop a metro system for improved service. A publicly owned bus would be an effective component of the transport mix only if allowed to operate purely on commercial principles and granted full autonomy otherwise it would be a waste of public fund as in the case of the defunct LSTC. More attention should be paid to increasing the supply of mass transit buses at affordable cost. In addition, the role of private institutions and non-governmental organizations should be clearly defined. There is the need too, for a transport development plan and forum whereby all stakeholders are brought together to articulate the urban transport policy for Lagos. References Adalemo, I.A. (2005), From Fishing Village to Sprawling Metropolis The Growth and Spatial Expansion of Lagos, Nigeria, Keynote Address to the National Conference on the Lagos Region, under the Theme Planning and Management of Lagos Environment, Department of Geography, University of Lagos, Lagos. Dar-Al-Handasah (1993), Final Report. Federal Republic of Nigeria (1996), National Urban Transport Policy for Nigeria, Draft Policy Document prepared by the Federal Urban Mass Transit Agency, Abuja. Lagos Metropolitan Area Transport Authority (2003), The World Bank. Lagos State Transport Management Authority Hand book (2003). National Transport Policy for Nigeria (2003), Draft Document, Transport Sector Reform Committee, Bureau of Public Enterprises, Abuja, p.54. Oni, S. I. (1999), Urban Transportation at State and Local Government Levels, A Paper Presented at the Sixth International Conference on Competition and Ownership in Land Passenger Transport, South Africa. Oni, S. I. (2004) Urbanization and Transportation Development in Metropolitan Lagos in Industrialization, Urbanization and Development in Nigeria 1950-1999, Adejugbe M. (ed.), Concept Publications Limited, Lagos. Odunuga, Y. Faloseyi, M. and Oyebode, O. (2004), LG Funds Lagos Floors Federal Government in Saturday Punch, December 11. PAGE PAGE 10