Nigerian human rights lawyer, Deji Adeyanju, has formally petitioned the Inspector-General of Police, Kayode Egbetokun, requesting the immediate suspension of the proposed enforcement of third-party insurance for vehicle owners.
Adeyanju contended in his petition that the action is not only unpopular but also devoid of legal support under the Police Act, which regulates the functions of the Nigerian Police Force.
Adeyanju further asserted that the enforcement, if implemented, could result in extensive extortion of Nigerians nationwide.
He emphasized that the responsibility for regulating vehicle safety and associated matters rests with the Federal Road Safety Corps (FRSC), rather than the police.
Adeyanju asserts that the Nigerian Police Force lacks the legal authority, or “vires,” to enforce such measures on vehicle owners.
The human rights lawyer has issued a 48-hour ultimatum to the authorities to publicly cease enforcement, cautioning that noncompliance will lead him to seek a judicial review regarding the legal authority of the Nigerian Police Force to enforce third-party insurance.
The statement articulated, “We are a public interest law firm dedicated to advancing transparency, accountability, and the rule of law.”Recently, we came across a news report regarding the Nigeria Police Force’s decision to implement third-party insurance for vehicle owners.
While our first instinct was to regard the news as mere speculation from a blogger, the subsequent confirmation from you has necessitated this urgent correspondence, requesting that the proposed enforcement be reconsidered.We must promptly assert that the proposed enforcement is not only unpopular, but it also lacks support from the Police Act, which is the current legislation establishing the Nigerian Police Force, and we contend that it is not supported by any other law as well.
The authority to regulate matters concerning the safety of individuals and vehicles on Nigerian roads is primarily vested in the Federal Road Safety Corps.
The authority of the Nigeria Police is extensive; however, it is limited to matters that are directly related to its core responsibilities as outlined in the Police Act.
Adeyanju articulated that in numerous instances, particularly in the recent case of Nwaboshi v F.R.N & Ors (2023) LPELR-60698 (SC), the Supreme Court reaffirmed the principle that the authorities of security agencies in Nigeria are not extensive.
The authority of the Nigerian Police Force is relatively limited. We believe that the Nigerian Police Force does not possess the authority to enforce third-party insurance for vehicle owners in Nigeria, and therefore, the proposed enforcement should be promptly dismissed.
“Furthermore, it seems that the Nigeria Police Force, under your leadership, is increasingly focusing on revenue generation rather than its fundamental constitutional duty of safeguarding lives and properties in Nigeria.”
A few months ago, the Nigeria Police Force introduced a controversial initiative requiring Nigerians to pay N5,375 for vehicle registration on the Police Central Motor Registry platform.
“The proposed enforcement of the police CMR was halted following the intervention of concerned Nigerians.”Just two months later, we find ourselves confronted once more with the Nigeria Police Force’s decision to enforce third-party vehicle insurance. This decision, as you are aware, is likely to result in increased extortion of vulnerable Nigerian motorists by officers of the Nigeria Police Force,” the lawyer remarked.
It is essential to inquire why the Nigeria Police appears to prioritize policies that seem focused on revenue generation, while a significant portion of Nigerians across the six geopolitical zones continues to endure severe insecurity, including issues such as kidnapping, armed robbery, terrorism, and murder. In what ways does third-party vehicle insurance address our immediate security concerns?
He stated, “Considering the aforementioned points, it is our assessment, sir, that the proposed enforcement lacks sufficient planning and should be promptly dismissed.”
The human rights lawyer observed that the policies being implemented by the Nigeria Police Force under your leadership, while presented as security measures, are in fact revenue-generating schemes that have become burdensome for the average Nigerian.
“We respectfully request that you consider postponing the enforcement of the third-party motor insurance.”
“It is important to note that if the proposed enforcement is not publicly suspended within 48 hours, we will seek the Court’s intervention to ascertain, among other matters, whether the Nigeria Police Force possesses the authority to enforce third-party vehicle insurance for vehicle owners,” he stated.
