*Calls For Respect Of Judicial Process

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has strongly criticized the Nigeria Police Force’s announcement to implement the Electronic Central Motor Registry (E-CMR) Policy while legal proceedings challenging its legality are still pending.

In a press statement released today, NBA-SPIDEL Chairman John Aikpokpo-Martins described the police’s move as “a demonstration of impunity and crass disregard for the rule of law and the Nigerian Constitution.”

The controversy stems from the police’s plan to introduce additional financial obligations and registration procedures for vehicle owners through the E-CMR policy. NBA-SPIDEL had previously contested this policy in July 2023, arguing that it falls outside the constitutional duties of the police and overlaps with responsibilities of other agencies such as the Federal Road Safety Commission and various state motor licensing offices.

In February 2024, NBA-SPIDEL filed a lawsuit (Suit No: FHC/ABJ/247/2024) in the Federal High Court, Abuja Division, challenging the legality of the policy. Despite being served, the Inspector General of Police and the Nigeria Police Force have not filed any response to the case.

The situation is further complicated by an application from the Nigerian Bar Association, led by Yakubu Chonoko Maikyau, SAN, to discontinue the suit. NBA-SPIDEL has opposed this application, with the next hearing scheduled for July 18, 2024.

Aikpokpo-Martins expressed concern over the police’s decision to proceed with the policy implementation while the matter is still before the court. He 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.”

The NBA-SPIDEL chairman emphasized that Nigeria is a constitutional democracy based on the rule of law, which includes respect for judicial powers and authority. He urged the Nigeria Police Force to refrain from actions that could be perceived as impunity or high-handedness.