The Alacrity of the Inspector-General of Police for Implementation of the 1945 Motor Vehicle Insurance Legislation

By Tonye Clinton Jaja

“Alacrity” is defined as “brisk or cheerful readiness”.

A lot of suscipion has been raised, regarding the alacrity with which the Inspector-General of Police announced that the Nigerian Police would commence implementation of the motor vehicle (third party) insurance policy as from 1st February 2025.

This is not the same alacrity that we hear when the Nigerian Police is confronting other forms of crimes which are of a more serious nature.

For example, we are yet to hear any announcements from the Inspector-General of Police that as from 1st February 2025, all Boko Haram terrorists who disturb travellers on federal highways in Borno State would be arrested and prosecuted.

Neither, have we witnessed any such alacrity from the Inspector-General of Police that all kidnappers will be arrested as from 1st February 2025. We expected such announcement when the National Bureau of Statistics (NBS) published a report that says that kidnapping for ransom payments is draining the Nigerian economy of an estimated total of ₦2.3 trillion naira annually as of the year 2024.

Any right thinking person would have expected that PRIORITY would be given by the Nigerian Police to the more serious crimes such as kidnapping for ransom payments and Boko Haram lawlessness.

Or is it a case of the Nigerian Police choosing to cherry pick the “low-hanging fruits”.

It is easier to enforce the laws against the law-abiding citizens rather than go after the gun-toting kidnappers and Boko Haram bandits. Although, at the point of recruitment, it is assumed that every police officer is adequately trained on how to tackle gun-toting criminals.

Apart from the concerns about the alacrity of the Nigerian Police, there are legal obstacles on why the Nigerian Police cannot be enforcing the legislation that was enacted in the year 1945 namely the Motor Vehicle (Third Party) Insurance Policy Act.

The reason is that the Insurance Act, 2004 is a later legislation. Specifically, Section 68 of the said law names the National Insurance Commission as the agency of the federal government that is responsible for administering the Motor Vehicle Third Party Insurance Policy in Nigeria. And this agency has been performing it’s duty in this regard through its collaboration with both the Federal Road Safety Corps (FRSC) and Vehicle Inspectorate Offices within the various states of Nigeria.

For purposes of clarity, the Rule of Law is that when there are two legislation (the Motor Vehicle (Third Party) Insurance Policy Act, 1945 and the Insurance Act, 2004) that deal with a specific subject matter, it is the later law (Insurance Act, 2004) that would prevail.

Below is a reproduction of a summary of the relevant Rules pertaining to legislation as follows:

“Yes, later legislation usually prevails over earlier legislation. This is known as the principle of leges posteriors priores contrarias abrogant, which means “later laws abrogate earlier laws”.

Explanation

Conflicting statutes
When two statutes conflict, the later statute prevails unless the earlier statute is clearer.

Conflicting statutes and treaties
When a statute and a treaty conflict, the last expression of the sovereign will prevails.

Implied repeal
When the provisions of two statutes cannot stand together, the later statute prevails and the earlier statute is impliedly repealed.

Non obstante clauses
When two statutory provisions conflict, the provision with a non obstante clause prevails.”

Dr. Tonye Clinton Jaja is the Executive Director,
Nigerian Law Society (NLS).