Court bars police, FRSC from imposing fines over third-party insurance

A Federal High Court sitting 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.

The judgment was delivered by Justice Hauwa Yilwa in a suit filed by activist and lawyer, Deji Adeyanju, 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 on the powers of law enforcement agencies in enforcing compliance with motor vehicle insurance laws.

In her ruling, Justice Yilwa distinguished between enforcement and sanctioning powers, stating that while the police and the FRSC have the authority to check compliance, they lack the power to penalise offenders without recourse to the court.

Marvin Omorogbe, counsel to the applicant, said the court affirmed that the agencies can enforce compliance but cannot impose fines.

He added that the court restrained the IGP, the police, and all their officers, including the FRSC, from imposing fines on motorists.

The suit was initiated through an originating summons, citing 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 actions infringe on constitutional rights.

Speaking after the judgment, Adeyanju said the ruling addressed the central issue raised in the suit and would help curb arbitrary fines imposed on motorists.

However, Victor Okoye, counsel to the defendants, described the judgment as partly favourable and disclosed plans to challenge it at the Court of Appeal.

He argued that the suit was incompetent and that the court lacked jurisdiction, noting that the matter ought not to have been commenced by originating summons.

Okoye also maintained that the suit was improperly constituted, as the IGP was sued instead of the Nigeria Police Force as a legal entity.

Despite these objections, the court proceeded to deliver its judgment.

He, however, acknowledged that the ruling affirmed the powers of both the police and the FRSC to stop motorists and verify compliance with third-party insurance requirements.