An Ibadan-based lawyer, Abiodun Amole, has said that the Inspector General of Police, Kayode Egbetokun, or any of his officers, lack the power to enforce Third Party Insurance in the country. It should be recalled that Egbetokun had earlier ordered his men to enforce third-party insurance nationwide.
But Amole, speaking with journalists in Ibadan, described the action of the police as illegal and unconstitutional. 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.
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 crystallized 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 there from.
“If it had been the intention of the legislature that the Nigerian 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,” he added.
