An Ibadan-based lawyer, Barrister Abiodun Amole, has declared that the Inspector General of Police, Kayode Egbetokun or any of his officers lack the power to enforce third party insurance in the country.
Amole made this declaration during an interview with Media Talk Africa in Ibadan, the Oyo State capital on Saturday.
Our correspondent reports that Egbetokun had earlier ordered his men to enforce third party insurance nationwide.
Media Talk Africa reports that the enforcement commenced on Saturday, 1st February.
But, Amole, in his reaction, described the action of the police as illegal and unconstitutional.
The legal luminary told Media Talk Africa that the Police Act is the extant law which strictly regulates the operations and/or powers of the Police in Nigeria.
He said, “In my humble opinion, the Police lack the power to enforce the 3rd 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 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 it had been the intention of the legislature 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”.
