The Complete 2004 Laws of Nigeria

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MOTOR VEHICLES (THIRD PARTY LIABILITY INSURANCE) (ECOWAS BROWN CARD SCHEME) ACT

ARRANGEMENT OF SECTIONS

SECTION

  1. Designation of the National Insurance Corporation of Nigeria as the Nigerian National

Bureau.

  1. Modification of existing laws.
  2. Penalty.
  3. Interpretation.
  4. Short title.

An Act to make provisions for the participation by Nigeria in the ECOW AS Brown
Card Scheme.

[1986 No. 15.]

[11 th July, 1986]

[Commencement.]

WHEREAS by a Protocol signed on 29th May 1982 between Member States of the
Economic Community of West African States, and ratified by the Federal Republic of
Nigeria on 21 st June 1983, Nigeria agreed to participate in the Economic Community of
West African States (ECOWAS) Brown Card Scheme designed to provide third party
liability insurance protection for victims of road accidents within the territories of the
Contracting Parties;

AND WHEREAS the Protocol now signed and ratified by the required number of mem-
bers of the Economic Community of West African States to bring the same into force is
further designed to promote the development of trade and tourism among the Member
States of the Community;

AND WHEREAS under the provisions of the Protocol aforesaid it is necessary for
Member States of the Community to enact legislation to give municipal effect to the
protocol within their respective countries.

1. Designation of the National Insurance Corporation of Nigeria as the Nigerian
National Bureau

(1) Notwithstanding anything to the contrary contained in any other enactment, and
in accordance with the provisions of Article 5 of the Protocol, the National Insurance
Corporation of Nigeria is hereby designated as the Nigerian National Bureau for the pur-
poses of the Protocol.

(2)    Accordingly, the National Insurance Corporation of Nigeria shall-

       (a)         act as the sole agency charged with responsibility for issuing ECOW AS Brown

                     Cards as required under the Protocol;

                                 (b)        handle Nigeria's financial and other commitments under the Protocol;

       (c)          act as the managers of insurance operations against liability risks in respect of

                   motor vehicle accidents;

  1. settle claims arising from accidents caused in any West African country

    covered by the scheme, by holders of the Brown Card issued by it;

  1. handle claims arising from accidents caused in Nigeria by holders of the

     Brown Cards issued by the National Bureau of other participating countries;
     and

  1. enter into agreements with Nigerian insurers who may apply to participate in

     the scheme as members of the Bureau.

(3) The participating members shall provide the Bureau with such guarantee as the
Bureau may require and shall make contributions towards the operating expenses of the
Bureau.

(4) No insurer shall participate in the scheme unless he has entered into an agreement
with the National Bureau pursuant to section I (2) (f) of this Act.

  1. Modification of existing laws

(1) The provisions of any existing law relating to Motor Vehicles Third Party Insur-
ance or any other matter to which this Act relates, shall have effect with such modifica-
tion as may be necessary to bring it into conformity with the provisions of this Act.

(2) For the purposes of this Act, "existing law" means any law, enactment or instru-
ment whatsoever which is in force immediately before the date when this Act comes into
force and shall include in particular-

                              (a)      section 3 and section 23 of the Motor Vehicles (Third Party Insurance) Act;

                                                                                                [Cap. M22]

                              (b)      the Road Traffic Laws;

                               (c)       Part IX of the Insurance Act; and

                                                                                                [Cap. 117.1992 No. 2.]

      (d)      all regulations, orders and instruments made under the aforementioned enactments.

  1. Penalty

Any person from any member country of the Economic Community of West African
States who uses or drives any motor vehicle on a Nigerian road without the possession of
a valid ECOWAS Brown Card issued by a National Bureau of the member country is
guilty of an offence and liable on conviction to a fine of five hundred naira or to imprison-
ment for fifteen months or to both such fine and imprisonment.

  1. Interpretation

In this Act, unless the context otherwise requires-

"Brown Card" means the Ecowas Brown Card within the meaning of the Protocol;

"Community" or "ECOWAS" means the Economic Community of West African
States;

"member of the National Bureau" means an insurer duly registered under the rele-
vant law in Nigeria as an insurance company and who has entered into an agreement with
the Nigerian National Bureau for the purpose of participating in the ECOWAS Brown
Card Scheme;

"Protocol" means the Protocol on the Establishment of  ECOWAS Brown Card
Scheme relating to Third Party Liability Insurance (No. A/PI/5/82) signed and ratified by
Member States.

5. Short title

This Act may be cited as the Motor Vehicles (Third Part Liability Insurance) (Ecowas
Brown Card Scheme) Act.

MOTOR VEHICLES (THIRD PARTY LIABILITY INSURANCE)
(ECOWAS BROWN CARD SCHEME) ACT

         SUBSIDIARY LEGISLATION

           No Subsidiary Legislation