A Federal High Court sitting in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps (FRSC) cannot impose or demand fines from motorists for failing to possess third-party motor insurance without a valid court order.
Delivering judgment, Justice Hauwa Yilwa held that the authority to sanction offenders lies solely with a court of competent jurisdiction. The court consequently issued a perpetual injunction restraining the agencies from unilaterally imposing penalties.
Despite this, the court clarified that both the police and the FRSC retain their statutory powers to enforce compliance with third-party motor insurance laws nationwide. However, such enforcement must stop short of imposing fines without due judicial process.
The ruling followed a suit filed by human rights lawyer Deji Adeyanju, who questioned whether law enforcement agencies could legally enforce compliance and impose penalties without recourse to the courts under the Motor Vehicles (Third Party Insurance) Act of 1950 and the Insurance Act 2003.
Adeyanju also argued that certain enforcement methods, including indiscriminate stop-and-search operations, infringed on motorists’ constitutional rights to privacy and freedom of movement.
In its decision, the court granted part of the reliefs sought, drawing a clear distinction between enforcement and punishment. Justice Yilwa maintained that while agencies can ensure compliance, penalties must be administered through proper legal channels.
The judge also dismissed a preliminary objection filed by the police, which had challenged the court’s jurisdiction, describing it as an attempt to obstruct the judicial process.
Following the ruling, counsel to the police indicated that an appeal would be filed at a higher court.
The case also included the Attorney-General of the Federation as a defendant, given his role in guiding enforcement agencies on the scope of their legal powers.
The judgment is expected to have significant implications for motorists across Nigeria, especially in light of earlier enforcement plans that proposed fines of up to ₦250,000 for defaulters.
