Mahamadou Salissou Elhadji Attaher, a Nigerian magistrate and graduate of the International Insurance Institute (IIA-Yaoundé) in Cameroon.
In this interview, he discusses the difficulties associated with compensating victims of motor vehicle accidents under the CIMA Code. He proposes possible solutions to better handle this type of claim.
Attaher is the author of a book entitled: ‘Compensation for victims of motor vehicle accidents under the CIMA Code: principles and calculations.’
You are the author of the book ‘Compensation for victims of motor vehicle accidents under the CIMA Code: principles and calculations. In plain terms, what is this book about, and why did you choose to write on this subject?
In my book I set out to explain and comment on the provisions of the CIMA Code relating to compensation for both material and bodily damage resulting from road traffic accidents. I also highlight the methods used to assess and determine compensation for victims of such accidents, using clear, simple methods illustrated with practical examples.
This book is the result of our observation of the difficulties faced by many legal practitioners —namely magistrates, solicitors, and bailiffs —in understanding the rules governing compensation for damage caused by road traffic accidents, as well as the methods and procedures for assessing compensation.
Is the issue of compensation for victims of road traffic accidents such a concern in the CIMA zone?
Although insurers are increasingly complying with regulations on compensation for victims of road traffic accidents, much remains to be done, as many victims are dissatisfied or even angry with the services provided by insurance companies. I do not have any figures on this, but in my capacity as an insurance consultant and judge at the High Court of Niamey, we deal with many cases involving compulsory motor vehicle liability insurance, both civil and criminal.
Finally, the recurring intervention of the CIMA Council of Ministers to further improve the compensation system, as evidenced by Regulation No. 001 of 2025, clearly demonstrates that this issue remains a major concern in the CIMA zone.
What are the main difficulties or constraints associated with compensating victims of road traffic accidents in this region?
The difficulties associated with this compensation are manifold: first, on the part of insurance companies, the main issues are slowness, underestimation of compensation and even refusal to compensate by some companies. On the victims’ side, there is a lack of knowledge of relevant legislation, with some victims wrongly pointing the finger at insurance companies.
On the legal practitioners’ side, there is a lack of expertise in insurance law, particularly its technical aspects, because, unfortunately, in most universities and vocational training schools in the CIMA zone, there is no comprehensive and detailed course on motor insurance law, covering both its legal and technical aspects, with the result that many of these practitioners are not familiar with the provisions of the CIMA code.
And if we were to assign responsibility, who would be at fault?
We cannot categorically say that responsibility lies with one person or another. For example, some delays in compensation are not attributable to the insurer. For instance, to compensate a victim or beneficiary, the insurer must possess civil status documents and other documents, particularly the accident report.
However, in Africa, many people do not have civil status documents until they reach an advanced age. Thus, after the accident, to obtain compensation, they rush to the relevant authorities to obtain the necessary documents. At this stage, they often face administrative delays, which affect the time it takes to receive compensation.
Are there any limitations in the community regulatory framework and national legislation?
I believe that the provisions of the CIMA Code relating to compensation for victims of road traffic accidents are impeccable. To prevent abuse and reconcile the interests of insurance companies with those of victims and beneficiaries, the CIMA Code provides a whole range of legal measures to regulate the compensation scheme for road accident victims in the region (Articles 200 to 277). The standardisation and capping of compensation amounts ensure a good contractual balance between insurers and beneficiaries of compulsory motor vehicle liability insurance policies.
Finally, another important point to note is that the CIMA Council of Ministers is constantly innovating to improve the sector and reduce delays in compensation, as evidenced by the recent amendments to the CIMA code: Regulation No. 0004 adopted in 2021, which shortened the time limits for the settlement offer procedure, and Regulation No. 001 adopted in 2025, which introduced electronic management of motor insurance contracts.
What solutions are there for better coverage and compensation for victims of motor vehicle accidents in the CIMA zone?
For better coverage and compensation for victims of motor vehicle accidents in the CIMA zone, each player involved in this field must fully assume their role and responsibilities. On the part of insurers, they must be more concerned with victims than with profit, as insurance is a social rather than a commercial activity.
On the part of legal practitioners, it is necessary to strengthen their capacity to deal effectively and in accordance with the CIMA code with cases relating to compensation for victims of motor vehicle accidents, on the one hand, continuing education and training workshops, and secondly, through the introduction of a special module in universities and vocational training schools, placing much greater emphasis on the technical aspects of compensation. Finally, national insurance supervisory bodies and the Regional Insurance Supervisory Commission, the regulatory body acting as the Conference’s watchdog, should strengthen their monitoring and control mechanisms to ensure better compensation for victims and their beneficiaries.
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