A sheer sense of duty drives us as a human rights organization established to work to reduce and or, if possible, eliminate forms of the antagonistic relationship between the civil populace and law enforcement agencies in the lawful discharge of their legally defined functions propelled us to write this letter to you as the Inspector General of Police with regards to the planned enforcement of Vehicle Insurance in the country effective February 1st, 2025.
While this action appears to be a right step in the right direction and perhaps speaks well of the force as a responsive institution, it is essential for the police, possibly, to be reminded of the existing laws and other legalese; the inherent limitations in operations placed on all security and law enforcement agencies by various Acts establishing them: who should do what, as well as the likely proclivity or tendency in the long run, that is, if the plan finds self-realization, for violations of the rights of the citizens which, interestingly, is the underlying reason for this letter.
Before our position as a civil society organization on planned enforcement is unraveled, it is expedient that we present a synopsis of what COMPPART Foundation for Justice and Peacebuilding represents, why this planned enforcement is most unacceptable to us in the civil society community in Nigeria, and why the Nigeria Police Force must not be the agency to carry it out.
We are a registered, non-governmental, not-for-profit, apolitical, and anti-corruption human rights organization established in 2002. Our mission is to serve as a centrepiece in defending citizens’ rights through improved justice and security services that are equitable and accessible to all.
We also engage in peacebuilding to build public confidence in the justice and security sectors. We aim to reduce and/or eradicate all antagonistic relationships between the civil populace and law enforcement/security agencies in discharging their legally defined functions.
We are a full participant in the global framework—Voluntary Principles on Security and Human Rights—and a Steering Committee member in Partnership Against Violent Extremism (PAVE Network), in partnership with the National Counter Terrorism Centre, Office of the National Security Adviser (ONSA), and the Coalition for International Criminal Court (CICC).
It is well known that the Nigeria Police Force is recognized and empowered by Section 4 of the Police Act 2020, which establishes that it enforces laws made by the government as they may be directly charged, especially those laws that directly affect the nation’s internal security.
This is unarguably true, but other institutions also exist, created by Acts of Parliament to carry out their own legally defined duties in public safety, of which police are not supposed to dabble.
One instance is the Federal Road Safety Corps, an agency responsible for road safety administration and management in Nigeria. Established in 1998, FRSC has the authority to inspect vehicle documents to ensure compliance with road safety standards.
In a simplistic term, therefore, the FRSC has the responsibility to manage all vehicles on Nigerian roads and perhaps inspect and advise the Government on how to enforce vehicle insurance.
But, besides the FRSC being the road administrator and manager in Nigeria, there is a legal body known as the National Insurance Commission (NAICOM).
This commission was established in 1997 with the mandate to ensure effective administration, supervision, regulation, and control of the insurance business in Nigeria. Although not much is known about this commission, its obscurity would not imply that the police should take up responsibilities not assigned to them by the law or crave duties that have already been legally assigned to another.
The commission may not have the power to enforce its rules, but that is not a consent or delegation of power to the police to assume a loophole or lacuna in this law, which only their enforcement can bridge.
Therefore, one may not be wrong, legally speaking, to think that if police involve themselves in enforcing vehicle insurance and inspecting documents in the line of duty, there is undoubtedly a cross-duty violation, which is punishable by law.
While the law finds it an offense for police to dabble into duties not assigned to them, it is also an offense for vehicle owners not to insure their vehicles. Section (53) of the Motor Vehicles (Third Party Insurance) Act of 1945 states that the insurance policy is made compulsory for owners and drivers of vehicles (both private and commercial). Similarly, Section (68) of the Insurance Act of 2003 makes it a criminal offense not to have motor vehicle insurance. The penalty for non-compliance is imprisonment for one year, or a fine of two hundred and fifty naira, or both.
In as much as we support plans and actions of the government towards effectively implementing its laws through legal means, we are concerned that implementation and enforcement of rules should not be thrown open to the police.
Still, they should be made to enforce such laws within the bounds of their mandate. This concern is essential to the human rights community because allowing the police to extend their already duty-filled hands to enforce vehicle insurance is most likely to create an institutional responsibility clash and, perhaps, an atmosphere for human rights abuse.
This is because, as these responsibilities do not fall within their mandate, their interference may create another conduit for corruption to fester or infiltrate into the force still battling to save its badly wounded reputation.
Given the foregoing, we therefore call on you, the Inspector General of Police, to:
- Halt all arrangements and implementation strategies for the planned enforcement. This is important for the proactive prevention of human rights from further violations by some ranks and files of the force who perpetrate illegality with impunity.
- Take steps to seek legal advice to understand the limits of the police regarding this plan and, perhaps, others that may be in the offing. The Nigeria Police Force’s responsibility of enforcing law and order in Nigeria does not imply that they have all the nods of the law to be involved in cross-duty actions in a bid for whatever intentions and gratification. That will amount to unprofessionalism.
- Liaise with relevant agencies and Allow the National Assembly to review laws on auto insurance, strengthening NAICOM and making it more responsive to its duties. The review will also reorganize the commission so that the public and vehicle owners can better appreciate the need to insure their vehicles.
- In addition to the canvassed review, the National Assembly should request an inquisition or investigate insurance funds paid by vehicle owners in the past and other activities of the commission that may have thrown up a range of warms that have caused the police to begin to plan enforcement actions. This investigation and disclosure will undoubtedly encourage those whose vehicles are not insured to seek insurance certifications.
- Civil society organizations should also be partnered with to create awareness that will build support for this call by raising awareness to prevent the police from hiding under the guise of enforcement of vehicle Insurance, further violating the human rights of citizens with impunity.
- The National Assembly should be allowed to make legislation regarding this. At the same time, the Police are asked to shelve the plan for now, especially given that they are not a Revenue-Generating Agency and should not turn themselves into such but should allow relevant institutions to implement such laws. Nigeria has come of age for things to be done rightly and for government agencies to carry out their functions within the bounds of their mandate.
We believe that our clarion call will reverse the planned police enforcement of what is clearly outside of their mandate. As a human rights organization, we promptly advocate against any perceived action that can create an antagonistic relationship between security agencies and the public and violate the rights of citizens and residents of our great nation, Nigeria. We will continue to allow these to take the front burner in all our actions and inactions.
Please do not forget that the mission statement of the Nigeria Police Force remains ‘’A service-oriented Police Force in partnership with the Community, trained, equipped and positioned to respond to the needs of society, within the confines and recognition of the rule of law.’’
Yours faithfully
Saviour Akpan, Esq.,
Executive Director
COMPPART Foundation for Justice and Peacebuilding
Copy to
- The Senate, Federal Republic of Nigeria
- The House of Representative
- The National Human Rights Commission
- The Media