Police can’t enforce policy, says lawyer

Nigeria’s roads are to be much more regulated, as the police launch enforcement of nationwide third-party motor insurance.

To curb the menace of uninsured vehicles and ensure that victims receive adequate compensation, the Nigeria Police Force has begun a nationwide crackdown on defaulting motorists.

With the enforcement exercise kicking off simultaneously across the federation, motorists without valid third-party insurance have been advised to comply or face consequences.
Lagos, Kogi, Delta, FCT, Edo and several other states commenced enforcement on Saturday, February 1.

Reacting to the IGP’s order on full enforcement, the Federal Capital Territory (FCT) Police Command said it commenced implementation of the policy on February 1.

It has also warned officers to desist from extorting motorists in the guise of policy enforcement.

Spokesperson for the command, SP Josephine Adeh, explained: “This policy ensures that accident victims receive necessary compensation while reducing the financial burden on vehicle owners.

“The FCT Police Command warns that non-compliance with this legal requirement will attract strict enforcement measures. The enforcement is part of efforts to ensure adherence to road safety regulations, and protect all road users.”

OBSERVING, security expert, Chukwkasi Oji condemned multiple taxation.

He charged the current administration to do more in revamping the economy.

ALSO, the Delta State Police Command, at the weekend, launched enforcement of the policy in the state.

According to a statement, the enforcement is in accordance with Section 68 of the Insurance Act and Sections 1, 2 –
3 of the Motor Vehicle (Third-Party Insurance) Act, which mandates all vehicle owners to obtain a minimum of Third-Party Insurance before operating on Nigerian roads.

The statement, endorsed by the command’s spokesperson Bright Edafe, explained that “third-party vehicle insurance is a type of coverage that financially protects you if you’re considered responsible for damages to another person’s vehicle.

“As part of the routine enforcement operations, the Delta State Command has observed with concern that a decreasing number of vehicles in the state are insured, as reported by the Nigeria Insurance Association.”

MEANWHILE, An Ibadan-based lawyer, Abiodun Amole, has submitted that the Inspector General of Police, Kayode Egbetokun, or any of his officers lacks the power to enforce the policy in the country.

In a chat with journalists in Ibadan, he described the IGP’s implementation order as illegal and unconstitutional.

He emphasised that the Police Act conflicts with the directive.

Amole said: “In my humble opinion, the police lack the power to enforce the third-party insurance policy among motorists in Nigeria.

“Again, an insurance policy is essentially a contract between the insurer and the insured party. It is not the duty of the police to enforce a contract or agreement between parties.

“The police cannot confer on itself the power not given to it by law, the Police Act.”

“The law is well crystallised that what is not expressly stated or provided in a statute cannot be read or imported into it by any stretch of the imagination.

“There is a plethora of judicial authorities to that effect. See in this regard the case of UTB v. Ukpabi (NWLR PT. 670).

“The law is also well settled that what is not included in a statute is automatically deemed excluded therefrom.

“If the legislature had intended that the Nigeria police should enforce the third party insurance policy, it would have been expressly stated in the Police Act.

“It is not so stated, and therefore, cannot be read or imported into it by the police authorities under any guise whatsoever.”