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 DAILY POST in Ibadan, the Oyo State capital on Saturday.
The enforcement commenced on Saturday, 1st February.
But, Amole, in his reaction, described the action of the police as illegal and unconstitutional.
According to The Daily Post, The legal luminary said 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
-Advertisement-
Grab our latest Magazine, "Ayodele Akintunde, SAN: Legal Titan Celebrates and Reflects on His Life Journey.". Get your order fast and stress free.
For more details about Newswire Law&Events Magazine, kindly reach out to us on 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk. You will be glad you did
