The response by the Nigerian Bar Association’s (NBA) Section on Public Interest and Development Law (NBA-SPIDEL) to a directive of the Inspector General of Police (IGP), Kayode Egbetokun, requiring vehicle owners to register and obtain an electronic Central Motor Registry (e-CMR) certificate for a fee of not less than N5,000 was not only apt but also a laudable feat. Responding to the directive, which enforcement was initially scheduled to take effect from July 29, 2024, the NBA issued a seven-day ultimatum to the IGP to withdraw his directive on the enforcement of the e-CMR Certificate.

Questioning the legal basis of the Nigeria Police Force’s (NPF) issuance of the e-CMR certificates, the NBA-SPIDEL stated that no law had granted the police the authority to issue such certificates to vehicle owners other than the usual vehicle registration carried out at the appropriate offices. It, therefore, demanded an immediate halt to the issuance and enforcement of the e-CMR certificates; urging the IGP to stop the exercise nationwide. The NBA also called for the shutdown of the registration website and physical registration centres, with refunds to be made to those who had already paid.

NBA’s call was contained in a letter co-signed by NBA-SPIDEL Chairman, John Aikpokpo-Martins, and Secretary, Funmi Adeogun; and addressed to the IGP. The letter warned: “Failure, neglect, or refusal to comply with this lawful demand within seven days of receipt of this letter will compel NBA-SPIDEL to seek appropriate sanctions in court against your esteemed office and the Nigeria Police Force.” It further emphasised that the police’s duty to protect citizens and enforce the law does not extend to collecting money or issuing certificates to vehicle owners. The letter condemned the exploitation of Nigerians’ ignorance, resulting in extortion during road searches.

Defending the planned policy, the police spokesperson, Olumuyiwa Adejobi, said: “The e-CMR will provide a firsthand database to the Force for curbing vehicular crimes as dedicated officers can access real-time comprehensive data of every vehicle on their tablets.” However, following public outcry and reacting to NBA-SPIDEL’s ultimatum, the IGP suspended the enforcement of the policy. The IGP also ordered the officers of the NPF to embark on massive enlightenment of all Nigerians on the importance of the digitised registration initiative before the commencement of enforcement. While announcing the suspension in a statement recently, ACP Adejobi, said IGP Egbetokun has ordered an immediate suspension of the proposed enforcement of the e-CMR, adding that the suspension was aimed at giving ample opportunity for mass enlightenment and education of all citizens and residents on the process, benefits and effectiveness in solving the challenge of vehicle related crimes, and protection of individual and corporate vehicle ownership.

Speaking further on the suspension order, the Force PRO said “We seek the understanding and support of all well-meaning Nigerians and residents to key into the e-CMR system. In the same vein, the IGP charges all police officers to desist from requesting for e-CMR certificates as individuals found extorting or exploiting members of the public on the guise of not having e-CMR certificates will be sanctioned accordingly as the enforcement, which will be done by only dedicated officers, has been suspended till further notice.

The singular action of the NBA-SPIDEL that stopped the unwarranted taxing of Nigerians by the NPF is highly commendable. Nigerians are already paying too many taxes, levies and tariffs amid economic hardships in the country. Besides, the enforcement of the e-CMR policy amounts to a duplication of the work done by other government agencies authorised by law to register vehicles in the country, including Directorates of the Vehicle Inspection Officers (VIO) in all the 36 states of the federation and the Federal Capital Territory (FCT). Vehicle documents issued by the VIOs at the point of registration statutorily include proof of ownership. The attempt by the police to take over this responsibility is simply a duplication of the function already assigned to the VIOs.

By law, the police lack the authority to keep a central database for vehicle registration in the country. They should use registration documents available with relevant agencies to combat the incidence of car theft. The NBA-SPIDEL made a case where, in its submission, it reminded the IGP that the NPF is not a revenue generating institution. If the police have challenges of underfunding, citizens should not be subjected to multiple taxations to provide operational funds for the NPF. While we encourage the NBA-SPIDEL to remain proactive in intervening for Nigerians in matters that infringe upon their collective rights, Daily Trust calls on the IGP to discard the e-CMR policy and look elsewhere to bridge funding deficit.