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NAICOM, Police Sued Over Third Party Insurance

Jerry Emmason by Jerry Emmason
2 years ago
in Business
National Insurance Commission NAICOM
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The National Insurance Commission of Nigeria (NICOM) has been dragged before a Federal High Court sitting in Abuja, over third-party motor insurance registration.

In the suit marked FHC/ABJ/CS/478/2025, the National Cooperative Insurance Society of Nigeria, the plaintiff, also joined the Nigeria Police Force as the 2nd defendant.

The Plaintiff prayed the court for an order of interlocutory injunction restraining the respondents from disturbing, harassing, arresting, detaining, prosecuting and interfering with the Insurance Services of the Plaintiff and its members pending the final determination of the substantive suit before the court.

NAICOM had issued a public alert against the plaintiff of third-party insurance registration.

However, the plaintiff, in its response, sued the government agency, saying that it is unlawful for NAICOM to register, regulate, and control its activities.

In the suit dated March 12, 2025, the plaintiff prayed the court to determine the following question: Whether having regard to the provisions of sections 2, 3, 4, 5, 6 and 7 of the Nigerian Cooperative Society Act CAP 98 Laws of the Federal Republic of Nigeria, 2004, it is lawful for the 1st Respondent to register, regulate and control the activities of the Plaintiff.

Whether having regard to the provisions of Section 2, 3, 4, 5, 6 and 7 of the Nigeria Cooperative Society Act CAP 98, 2004 and Section 40 of the Constitution of the Federal Republic of Nigeria 1999 as amended, the 1st Respondent is not acting in contravention of the said Section of laws by referring to the services of the Plaintiff as illegal, and thereby threatening to arrest and prosecute the Plaintiff’s members if they continue in rendering their lawful services to the public.

Apart from the restraining order, the plaintiff also sought the following reliefs from the court: A declaration that having regard to the Provisions of Section 2,3,4,5,6 and 7 of the Nigerian Cooperative Society Act CAP 98 LFN 2004, it is unlawful for the 1st Respondent to register, regulate and control the activities of the Plaintiff.

A declaration that having regard to Sections 2, 3, 4, 5, 6, and 7 of the Nigerian Cooperative Society Act CAP 98, 2004, and Sections 40 & 41 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), the Respondents are acting in contravention of the said Sections of the Laws by referring to the Services of the Plaintiff as illegal and threatening to arrest and prosecute the Plaintiffs members if they continue in their services.

A declaration that the Plaintiff is entitled to the reliefs sought in this suit.

An order of the Hon. Court setting aside the “PUBLIC ALERT” publication issued by the 1st Respondent against the Plaintiff.

An order of the Hon. Court restraining the 1st respondent from further issuing the said “PUBLIC ALERT” against the Plaintiff and threatening to arrest and prosecute the Plaintiff’s members in the cause of their services.

An order of the Hon. Court directing the 1st Respondent to recognize the Plaintiff as a cooperative society with the right to provide Third Party Motor Insurance to the general public.

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An order of the Hon. Court restraining the 2nd Respondent and its agencies from harassing, arresting, detaining and prosecuting the Plaintiffs members in the cause of carrying out their lawful services to the public.

The case has been fixed for June 11, 2025, but Justice Binta Murtala Nyako is for hearing.

 

 

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