A FEDERAL High Court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps (FRSC) lack the authority to impose fines on motorists over third-party motor insurance without first obtaining a court order.
News Point Nigeria reports that the judgment was delivered by Justice Hauwa Yilwa in a suit filed by activist and lawyer, Deji Adeyanju, against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC.
The case, marked FHC/ABJ/CS/291/2025, sought judicial clarification on the extent of the powers of law enforcement agencies in enforcing compliance with motor vehicle insurance laws.
In her ruling, Justice Yilwa drew a clear distinction between enforcement and sanctioning powers, holding that while the police and the FRSC are empowered to check compliance with insurance requirements, they do not have the legal authority to penalise offenders without recourse to the courts.
Counsel to the applicant, Marvin Omorogbe, said the judgment 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.
He added that the court further restrained the Inspector-General of Police, the Nigeria Police Force, and all their officers, including the FRSC, from imposing fines on motorists and other Nigerian citizens.
The suit was initiated through an originating summons, relying 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 compliance, impose fines, and whether such actions would infringe on the constitutional rights of citizens.
Speaking after the judgment, Adeyanju said the ruling directly 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,” he said.
He noted that the judgment would help curb what he described as arbitrary fines imposed on motorists.
However, counsel to the defendants, Victor Okoye, described the ruling as only partly favourable and disclosed 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, maintaining that the matter should not have been initiated by way of 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 contended that the suit was improperly constituted, noting that the Inspector-General of Police was sued instead of the Nigeria Police Force as a legal entity.
Despite these objections, the court proceeded to deliver its judgment.
Okoye, however, acknowledged that the ruling upheld the powers of both the police and the FRSC to stop motorists and verify compliance with third-party insurance requirements, even though they cannot impose fines without judicial backing.