A federal high court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps (FRSC) cannot impose fines on motorists over third-party motor insurance without obtaining a court order.
Gatekeepers News reports that Justice Hauwa Yilwa delivered the judgment in a suit filed by activist-lawyer Deji Adeyanju against the inspector-general of police (IGP), the attorney-general of the federation (AGF) and the FRSC.
The suit, marked FHC/ABJ/CS/291/2025, sought judicial clarification on the powers of law enforcement agencies to enforce compliance with motor vehicle insurance laws.
In her ruling, Yilwa drew a distinction between enforcement and sanctioning powers, holding that while the police and FRSC may verify compliance with insurance regulations, they lack the authority to penalise motorists without recourse to the court.
Marvin Omorogbe, counsel to the applicant, said the judgment affirmed the agencies’ enforcement powers but barred them from imposing fines.
“The police and the road safety may enforce compliance but outrightly lack the powers to impose fines on third parties or vehicle owners,” he said.
“The court went further to restrain the IGP, the police force and all their officers, including the FRSC, from imposing fines on motor vehicle users or Nigerian citizens.”
The case was initiated through an originating summons based on provisions of the Motor Vehicles (Third Party Insurance) Act, the Insurance Act and the FRSC (Establishment) Act.
Adeyanju had asked the court to determine whether the police could enforce third-party insurance rules, impose fines and whether such enforcement violated constitutional rights.
Reacting to the ruling, he said the judgment resolved the central issue raised in the suit.
“The sole reason why we came to court is because we wanted the court to make a positive declaration that the police and the road safety do not have the right to impose fines on any Nigerian over motor vehicle insurance. And we have succeeded,” Adeyanju said.
He added that the ruling would help curb what he described as arbitrary fines imposed on motorists.
However, counsel to the defendants, Victor Okoye, said the judgment was only partly favourable and indicated that an appeal may be filed.
Okoye argued that the suit was incompetent and that the court lacked jurisdiction, maintaining that the matter should not have been commenced through an originating summons.
“We envisage that we will likely challenge the proceedings at the court of appeal to determine if the court ought to have determined a case where the originating summons is incompetent,” he said.
He also argued that the suit was improperly constituted because the IGP was sued instead of the Nigeria Police Force as a legal entity.
Despite the objections, the court proceeded with judgment.
Okoye, however, acknowledged that the ruling affirmed the powers of both the police and FRSC to stop motorists and verify compliance with third-party insurance requirements.
