I cannot overlook the disgraceful incident caught on video, that occurred recently, between a Policeman in Uyo, Akwa Ibom State and a pregnant lady – the video went viral. Apparently, the issue had to do with a request for Driver’s Licence, other Particulars (which the Police claim had expired) and Third Party Insurance, following the directive of the IGP, Dr Kayode Egbetokun (IGP) that all motorists get the Third Party Insurance Policy, enforcement commencing on February 1st, 2025 – see Sections 10(1), (2)  & 11 of the Federal Highways Act 2004 (FHA) which makes it mandatory for all drivers on public roads to be holders of valid driver’s licences, and vehicles to have valid registration marks and particulars displayed. Also see the National Road Traffic Regulations 2012. The punishment for driving without a valid driver’s licence is N100 fine or in the case of a second or subsequent offence, a fine of N200 or 6 months imprisonment or both (Section 10(3) of the FHA), while that of driving without displaying particulars, if it is a first offence,  is a fine of N200 or 12 months imprisonment or both, or 18 months imprisonment without option of fine for a second or subsequent offence (Section 17 of the FHA).

 While Comprehensive Insurance is optional, in most countries including Nigeria, Third Party Insurance which covers damage to other people’s vehicles, is mandatory. See the case of Liberty Insurance Co. Ltd v John 1996 1 NWLR Part 423 Page 192 at 199 per Edozie, JCA on the definition of an insurance contract. Section 68 of the Insurance Act 2003 (IA) makes third party insurance covering a liability of at least N1 million, mandatory. Third Party Insurance, appears to cover a maximum liability of N3 million. See also Section 3(1) of the Motor Vehicles (Third Party) Insurance Act 2004 (TPI). Section 3(2) of the TPI provides for a punishment upon conviction of a fine of N400 or 1 year imprisonment or both for anyone who contravenes Section 3(1), to the extent that, apart from the fine and  imprisonment,  such offender shall be disqualified from driving for a minimum of 12 months.

‘Police is Your ‘Friend’: What a Crock!

By now, most Nigerians expect that the Policeman who was caught on camera assaulting the pregnant woman by dragging her and throwing her on the ground, would have been named and shamed, paraded in front of the media the same way the Police love to parade suspects in public, faced orderly room trial and dismissal from the Nigeria Police Force, and would be facing criminal charges in a court of competent jurisdiction. So far, we haven’t heard much from the Police, apart from a rather brief and unclear attempt at an excuse by the Police.

Whether the pregnant lady had third party insurance and valid particulars or not, she certainly enjoys all the rights contained in Chapter IV Fundamental Rights of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), and in this unfortunate incident, she and her unborn child are particularly  entitled to the right to life, dignified and humane treatment as guaranteed by Sections 33(1) & 34 (1)(a) thereof. See the case of Ransome-Kuti & Ors v AGF,  Chief of Army Staff & 7 Ors (1985) LPELR-2940(SC) per Kayode Eso, JSC on fundamental rights being a guarantee against inhuman treatment. 

Offences Committed by the Policeman

From the video, one could observe some of the offences that appear to have been committed Policeman, and that he could be charged for, such as: 1) assault with intent to cause grievous bodily harm contrary to Sections 252, 335 & 351 of the Criminal Code Act 1916 (CCA) (see the corresponding section in the Criminal Code Law of Akwa Ibom State 2022); also see Ebenezer v State (2024) LPELR-62652 (SC) per Helen Moronkeji Ogunwumiju, JSC using the Macmillan Dictionary’s definition of assault thus – “a physical attack on someone or the crime of physically attacking someone”;  2) attempted murder of the unborn child by manhandling the mother in such a manner as to make her fall down hitting her whole body on the ground – see Section 320 of the CCA and Owe v Queen (1961) LPELR-25001 (SC) per John Idowu Conrad Taylor, JSC on the definition of attempted murder; 3) abuse of power contrary to Paragraph 9 Part 1 Fifth Schedule to the Constitution, and Section 104 of the CCA, amongst other offences. These are serious offences, carrying weighty imprisonment terms upon conviction.

Police Reform

It is obvious that despite all our recommendations for Police Reform following the 2020 #EndSARS Protest, which include better salaries, allowances and conditions of service; better recruitment and training procedures; psychological screening of Police Personnel during recruitment and regular on-the-job assessments for those already on duty, and training on how to interact with the public, nothing like that appears to have been implemented, because no sane person, nobody in their right mind, would apply such excessive force and manhandle a pregnant woman like the Policeman in the video did, unless his/her intention is to force a miscarriage (which is yet another offence under the Criminal Code) and/or severely injure or kill the mother and child. 

Sadly, the ‘Police is Your Friend’ slogan seen at many Police stations, appears to be nothing more than a sham, at least within the rank and file (mostly, not totally, because there are still some Policemen who adhere to the slogan). The fear of the Nigeria Police and all other weapon-carrying law enforcement agencies in Nigeria, is the beginning of wisdom. Though the #EndSARS Protest was inter alia, about putting an end to Police brutality against Nigerian Youths and people generally, the “I will kill you and nothing go happen” culture that the Police is infamous for, appears to still be endemic, and so, if anything, Nigerians rightfully have a fear of the Police. Almost five years post-#EndSARS, how do we describe the actions of the Akwa Ibom Policeman, if not Police brutality par excellence?! 

By virtue of Section 4 of the Nigeria Police Act 2020 (NPA), one of the primary duties of the Police is to protect the lives and property of citizens and their fundamental rights, as enshrined in the Constitution; therefore, upholding the rule of law is paramount. See Section 14(2)(b) of the Constitution; Fawehinmi v IGP 2002 7 NWLR Part 767 Page 602 per Samson Odemwingie Uwaifo, JSC; Egheghe v State (2020) LPELR-50552(SC) per Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC (now CJN) where the Supreme Court held thus: “Once again, it is necessary to remind our Police Force that the sacred duty entrusted to them, is the protection and security of the lives and property of citizens. The weapons they carry, are not for the settlement of personal scores with individual citizens. The life of every Nigerian is sacred, and must be protected within the ambit of the law”. Unfortunately, the opposite appears to be the reality. Instead, the Police use their position and weapons to intimidate Nigerians, subjecting them to all sorts of undignified, violent and inhumane treatment. The fact that this behaviour is common among the Nigeria Police, points to a possible defect in their training and a lack of accountability for bad behaviour within their ranks. 

There may also be issues with the mental condition of some of these erring Officers, not to talk about alcoholism and drug use. Many US Police Departments conduct adhoc drug and alcohol tests, on their officers. Such tests could be random, or based on reasonable suspicion that an officer may be using alcohol or drugs. Someone like the Policeman who assaulted the pregnant lady, would probably undergo what is called a ‘post-incident’ test after what transpired, along with mental health screening; in the US, this type of testing is done on officers who for example have been involved in a shooting incident. There are various methods for testing for drugs – urine test, taking hair samples or the breathalyser test that is used for motorists who are suspected to be driving drunk. 

It is important that all Police Personnel display professionalism in carrying out their duties, without the emotional reactions they have become infamous for, treating citizens with courtesy and respect. Only minimum force is expected to be applied in certain circumstances, to achieve a lawful purpose. Pray tell, what was the justification for the Policeman to apply such excessive force on a woman in such a delicate condition, particularly when the offence she may have been alleged to have committed, was nothing more than a simple offence or at best, a misdemeanour? None whatsoever. 

There has to be more training of Police Officers, de-emphasising the use of force and their weapons to only when it is absolutely necessary, and re-emphasising the culture that force used must be minimum or commensurate with the circumstances, not excessive and brutal.

Conclusion 

People had complained in advance, that the implementation of the mandatory Third Party Insurance Policy would be transformed into a golden opportunity for the Police to harass citizens. This objection appears to be somewhat accurate, judging from this horrible incident. It was like using a sledge hammer, to kill an ant! 

It is necessary for the Policeman in the video to be prosecuted to the fullest extent of law, to not only serve as a deterrent to other high-handed/violent/unreasonable/unstable Officers, but to engender accountability.