Nigerian migrant who twice failed his driving take a look at killed pensioner in crash after exploiting learner loophole, inquest hears

A Nigerian national who had twice failed his UK driving test killed a pensioner while behind the wheel after taking advantage of a learner loophole, an inquest has heard. 

Timothy Kusemi, 41, had a provisional British licence when he caused the death of Susan Whittles, 70, at a rural junction in East Yorkshire on November 24, 2023.

Now a coroner has raised alarm over a loophole allowing foreign drivers to stay on Britain’s roads unsupervised without L-plates – a rule that does not apply to British learners.

Kusemi, of Lower Bedford Road, London, had already failed his British driving test twice before the fatal smash.

He went on to fail a further four times after Ms Whittles’ death before finally passing on March 21, 2025 – two years and six months after becoming a UK resident.

Government guidance allows people from countries where driving standards are not considered equivalent to the UK, including Nigeria, to drive for up to a year after becoming a resident while they obtain full a British licence.

Coroner Lorraine Harris said it was ‘noted that he [Kusemi] continued to drive beyond the 12-month limit on his national licence despite those failures’. 

She warned the system creates a stark contrast with UK learners, who must be supervised and display L plates.

Timothy Kusemi had a provisional British licence when he caused the death of Susan Whittles, 70, at a rural junction in East Yorkshire on November 24, 2023

Susan Whittles, 70, died at the scene while her husband had to be airlifted to hospital

In a Prevention of Future Deaths report, she said: ‘Nationals of non-designated countries who fail a GB driving test are not treated in the same way as a GB resident who fails a GB driving test’.

She added: ‘A GB resident is not allowed to drive without appropriate supervision and when they are driving they must display L plates to act as a warning to other vehicles of their inexperience.’

The coroner added that foreign nationals can fail ‘any number’ of tests within their first year in the UK and still continue driving.

It means they can stay on the roads ‘despite not meeting the safety standards set by the DVSA’, she said.

Ms Harris warned the situation has ‘the potential to cause a risk of serious injury or harm to other road users’.

She also raised concern there ‘appears no provision for an examiner to withdraw the ability to drive without appropriate supervision despite a person’s failure to meet the required standards’.

Kusemi admitted causing death by dangerous driving and serious injury by dangerous driving on February 23.

He was jailed for six years and banned from driving for 11 years.

On the day of the crash, Kusemi was driving his Audi A6 northbound on Burton Road towards Burton Fleming, while Ms Whittles was driving herself and her husband Bill, now 83, eastbound on the B1253 in their Volkswagen T-Roc.

As their vehicle reached the crossroads junction with Burton Road, Kusemi failed to stop and give way, and subsequently collided with the side of Mr and Mrs Whittles’ vehicle. 

Emergency services were scrambled but Ms Whittles tragically died at the scene.

Mr Whittles had to be airlifted to hospital for treatment to serious injuries, which included multiple fractures to his spine, ribs, and sternum and injuries to his head and face.

Paying tribute to his late wife, he said: ‘Sue was a lovely wife to me and best pal over the years – we were a unit. 

‘She was a much-loved Nan to Anna and Oliver, and they miss her so much. 

‘A much-respected local Preacher, Guide Leader and active supporter of Riding for the Disabled – what an awful waste!’

Following the case, coroner Ms Harris has written to the Department for Transport and the Driver and Vehicle Standards Agency (DVSA) urging them to review the rules.

The Department for Transport must respond to the report by May 26.

A government spokesperson said: ‘Every death on our roads is a tragedy, and our thoughts are with Susan’s family and loved ones.

‘We will carefully review the coroner’s findings from this tragic case to determine whether changes may be required.’