The factional leadership of the Nigerian Bar Association Section on Public Interest and Development Law (NBA- SPIDEL) has warned the Inspector-General of Police, Mr. Kayode Egbetokun not to foist a fait accompli on the court by going ahead to implement its Electronic Central Motor Registry (E-CMR) policy.
The Nigeria Police Force had in a statement warned that it would commence enforcement of the e-CMR policy on 29th July, 2024. The policy is the subject of a lawsuit brought by the factional NBA-SPIDEL leadership which challenged it on the ground that it would cause more financial hardship to Nigerians.
In a statement dated July 13, 2024, the leadership called on the Inspector-General of Police “to quickly retrace his steps on this issue and await the decision of the Federal High Court on the legality or otherwise of the policy.
“NBA-SPIDEL maintains that Nigeria is a constitutional democracy anchored on the Rule of Law, which integral component is respect for the judicial powers and authority of the courts, hence the need for the Nigeria Police Force not to take any action that may give the impression of impunity and high handedness on the part of it’s authorities.”
Below is the full text of the statement.
13th July, 2024.
PLANNED REVIVAL OF THE E-CENTRAL MOTOR REGISTRY POLICY BY THE NIGERIA POLICE FORCE DURING THE PENDENCY OF JUDICIAL PROCEEDINGS CHALLENGING THE LEGALITY OF SAME: A DEMONSTRATION OF IMPUNITY AND CRASS DISREGARD FOR THE RULE OF LAW AND THE NIGERIAN CONSTITUTION.
By a Press Release dated the 13th July 2024 and signed by the Force Public Relations Officer, ACP Olumuyiwa Adejobi, the Nigeria Police Force informed the Nigerian Public of the planned commencement of the implementation of the Electronic Central Motor Registry (E-CMR) Policy which policy would impose on Nigerian vehicle owners additional financial obligations and fulfillment of stringent procedures for registration and validation of vehicle particulars.
Recall that the Nigeria Police Force had sometimes in July 2023 introduced the E-CMR policy and upon it’s introduction, the Nigerian Bar Association Section on Public Interest and Development Law (NBA- SPIDEL) wrote to the Inspector General of Police to stop the implementation of the policy entirely given that same is outside the constitutional duties and powers of the Nigeria Police Force having been adequately covered by the scope of duties of the Federal Road Safety Commission, the Directorate of Road Traffic Services otherwise known as VIOs in the Federal Capital Territory and Motor Licensing offices in various states of the Federation.
NBA SPIDEL subsequently submitted the question regarding the legality of the policy for determination in the court of law by instituting in February 2024 Suit No: FHC/ABJ/247/2024 between: John Aikpokpo-Martins & Anor (for themselves and on behalf of members of NBA-SPIDEL) v. Inspector General of Police & Anor before the Federal High Court, Abuja Division seeking determination of questions concerning the legality of the policy.
Despite the fact that the Inspector General of Police has been duly served with the Originating Summons, the Inspector General of Police and the Nigeria Police Force who are both defendants to the action have failed to file any process to contest the case. Being convinced that the IGP and NPF have been served, the court further adjourned the suit to the 29th May 2024. On that day, the Nigerian Bar Association led by Yakubu Chonoko Maikyau, SAN brought an application to discontinue the said suit.
Consequent upon this development, the Honourable Court adjourned the case to the 18th July 2024 for hearing of the application. NBA SPIDEL has since filed processes in opposition to the application by the Yakubu Chonoko Maikyau, SAN-led NBA to discontinue the suit.
It therefore begs the question while the Nigerian Police Force and it’s Chief Executive, the Inspector General of Police who are both defendants to the pending suit have chosen to taunt the court and demonstrate high disrespect and impunity by attempting to revive the policy which is currently a subject of litigation before a court of competent jurisdiction. This is to say the least unexpected of the Nigerian Police Force which is the major law enforcement agency in Nigeria.
It is based on these premises that we hereby call on the Inspector General of Police to quickly retrace his steps on this issue and await the decision of the Federal High Court on the legality or otherwise of the policy.
NBA-SPIDEL maintains that Nigeria is a constitutional democracy anchored on the Rule of Law, which integral component is respect for the judicial powers and authority of the courts, hence the need for the Nigeria Police Force not to take any action that may give the impression of impunity and high handedness on the part of it’s authorities.