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 a court order.
Hauwa Yilwa, presiding judge, delivered the judgment in a suit filed by Deji Adeyanju, the activist and lawyer, against the inspector-general of police (IGP), the attorney-general of the federation (AGF), and the FRSC.
The case, marked FHC/ABJ/CS/291/2025, sought clarification of 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 the FRSC can check compliance, they do not have the authority to penalise offenders without recourse to the court.
Marvin Omorogbe, counsel to the applicant, said the court affirmed that both agencies can enforce the law but cannot impose 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 suit was initiated through an originating summons, invoking 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, impose fines, and whether such enforcement infringes on constitutional rights.
Speaking to journalists after the judgment, he said the decision addressed the core 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.
On the other hand, Victor Okoye, counsel to the defendants, said the judgment was only partly favourable and indicated plans to challenge it at the court of appeal.
Okoye argued that the suit was incompetent and that the court lacked jurisdiction to entertain it, noting that the matter ought not to have been commenced by 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 maintained that the suit was improperly constituted, adding that the IGP was sued instead of the Nigeria Police Force as a legal entity.
Despite the objections, the court proceeded to deliver judgment.
Okoye, however, acknowledged that the ruling affirmed the powers of both the police and the FRSC to stop and verify compliance with third-party insurance requirements.
