Pat Stevens/
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.
Justice Hauwa Yilwa delivered the ruling on Friday in a suit filed by activist 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 interpretation of the authority of law enforcement agencies in enforcing motor vehicle insurance compliance.
In her decision, the judge drew a clear distinction between enforcement and sanctioning powers, holding that while the police and the FRSC can check compliance with third-party insurance requirements, they do not have the authority to penalise motorists without recourse to a court of law.
Counsel to the applicant, Marvin Omorogbe, said the court affirmed that both agencies may enforce compliance but “outrightly lack the powers to impose fines on third parties or vehicle owners”.
He added that the court further restrained the police, the FRSC and their officers from imposing fines on Nigerians in the course of such enforcement.
Reacting to the judgment, Adeyanju described the outcome as a validation of the core objective of 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.
The ruling is expected to have immediate implications for motorists across the country, particularly amid recent enforcement drives targeting uninsured vehicles.
While the court upheld the powers of both agencies to stop vehicles, conduct checks and verify compliance, it effectively ended the practice of on-the-spot fines without judicial backing.
However, the decision may yet face further legal scrutiny.
Counsel to the defendants, Victor Okoye, indicated that the judgment was only partly favourable to the authorities and disclosed plans to challenge it at the Court of Appeal, arguing that the suit was improperly constituted and should not have been initiated by originating summons.
The case stems from longstanding concerns over the enforcement of compulsory third-party insurance, introduced under the Motor Vehicles (Third Party Insurance) Act and reinforced by subsequent regulations.
In early 2025, the police commenced nationwide enforcement of the policy, a move that drew criticism from some stakeholders who alleged that it could lead to abuse and extortion.
Friday’s judgment is therefore seen as a significant legal clarification, reinforcing that while compliance with insurance laws remains mandatory, penalties must follow due judicial process rather than administrative enforcement.
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