In the wake of a nationwide enforcement drive by the Nigerian Police Force to ensure compliance with third-party motor insurance, Senior Advocate of Nigeria (SAN), Mr. Oba Maduabuchi, has declared that the police lack the legal authority to enforce such compliance. The enforcement, which began on February 1, 2024, has sparked debates over the roles and responsibilities of law enforcement agencies in regulating vehicle documentation.
The enforcement initiative, directed by the Inspector General of Police (IGP), Kayode Egbetokun, aims to ensure that all motorists possess valid third-party insurance. During the exercise, police officers across states, including Abia and the Federal Capital Territory (FCT), have been stopping vehicles to check for valid insurance documents. Vehicles found without proper documentation are reportedly being impounded, with motorists facing penalties or prosecution.
The police have defended the exercise, stating that it is intended to reduce financial risks in the event of accidents and ensure compliance with legal requirements. However, the move has drawn criticism from legal experts, who argue that the enforcement falls outside the jurisdiction of the police.
Mr. Oba Maduabuchi, a prominent legal practitioner, has strongly criticized the police’s involvement in enforcing third-party insurance compliance. According to him, the police have no legal authority to enforce contractual agreements, such as insurance policies, which are civil matters between individuals and insurance companies.
“Insurance is a contract between an individual and an insurance company. The police have no power to enforce such contracts or determine whether an insurance policy is expired or valid,” Maduabuchi stated during an interview on Arse tv News Night, program.
He emphasized that the primary responsibility for ensuring vehicle documentation compliance lies with the Vehicle Inspection Office (VIO) and the Federal Road Safety Corps (FRSC). “The police’s role is to prevent crime, arrest criminals, and prosecute them. It is not their duty to enforce vehicle documentation compliance,” he added.
Third-party insurance is a mandatory requirement for all vehicle owners in Nigeria. It provides coverage for damages or injuries caused to third parties in the event of an accident. Maduabuchi explained that the policy is crucial for protecting both motorists and victims of accidents.
“The most important insurance policy any motorist can have is third-party insurance. It ensures that if you cause an accident, the insurance company will cover the damages or injuries sustained by the third party,” he said.
However, Maduabuchi noted that the police’s involvement in enforcing this requirement is misplaced. He argued that the police should limit their role to verifying the authenticity of insurance documents, rather than checking for compliance or expiration.
The enforcement drive has also raised concerns about a potential conflict of roles between the police, FRSC, and VIO. Maduabuchi pointed out that the FRSC and VIO are the statutory bodies empowered to enforce road traffic regulations, including vehicle documentation compliance.
“The FRSC and VIO are the agencies responsible for ensuring that vehicles are roadworthy and that their documentation is up to date. The police have no business encroaching on their responsibilities,” he said.
He further highlighted that the FRSC Act and the Road Transport Directorate Establishment Act clearly define the roles of these agencies, leaving no room for the police to enforce vehicle documentation compliance.
Maduabuchi called for a legislative review to clarify the enforcement roles of law enforcement agencies in Nigeria. He suggested that the current confusion stems from the overlapping responsibilities of the police, FRSC, and VIO, which need to be clearly delineated to avoid conflicts and ensure effective regulation.
“The police should focus on their core mandate of maintaining law and order. The enforcement of vehicle documentation compliance should be left to the FRSC and VIO, as stipulated by law,” he said.
Maduabuchi also stressed the need for increased awareness and sensitization among motorists about the importance of third-party insurance. He noted that many motorists are unaware of the benefits of the policy and often fall victim to fraudulent practices, such as purchasing fake insurance documents from unauthorized agents.
“Motorists need to be educated about the importance of genuine third-party insurance and how to verify the authenticity of their documents. This will go a long way in reducing accidents and ensuring that victims are adequately compensated,” he said.
As the debate over the police’s enforcement of third-party insurance compliance continues, legal experts like Mr. Oba Maduabuchi are calling for a return to the rule of law. They argue that the police must operate within the confines of their statutory powers and leave the enforcement of vehicle documentation compliance to the appropriate agencies.

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