JUST IN: Court restrains police, FRSC from imposing third-party insurance fines on motorists

The Federal High Court in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines on motorists over third-party motor vehicle insurance without a court order.

The ruling followed a suit filed by activist-lawyer Deji Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC.

Delivering judgment, Justice Hauwa Yilwa held that while both agencies have the authority to enforce compliance with third-party motor insurance laws, they do not have the legal power to impose fines on alleged offenders.

The suit, marked FHC/ABJ/CS/291/2025, was brought under provisions of the Motor Vehicles (Third Party Insurance) Act, 1950, the Insurance Act, 2003, and the Federal Road Safety Commission (Establishment) Act, 2007.

Adeyanju had asked the court to determine whether the police could enforce third-party insurance, impose fines without judicial backing, and whether such actions during routine stop-and-search operations violate constitutional rights.

Reacting to the judgment, counsel to the applicant, Marvin Omorogbe, said the court clearly distinguished between enforcement and punishment.

According to him, the court held that “the police and the road safety may enforce” compliance but “outrightly lack the powers to impose fines on third parties or vehicle owners” in the course of such enforcement.

“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,” he added.

Adeyanju welcomed the ruling, saying it achieved the core aim of the case.

“The sole reason why we came to court is that 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 argued that the judgment would help curb alleged extortion by enforcement agencies and boost public confidence among motorists.

However, counsel to the defendants, Victor Okoye, described the ruling as only partly favourable to the police and indicated plans to challenge it at the Court of Appeal, citing concerns over jurisdiction and the procedure used in filing the suit.