Justice Hauwa Yilwa of the Federal High Court in Abuja on Friday stopped the Nigeria Police Force and the Federal Road Safety Corps from imposing fines on motorists over third-party motor vehicle insurance without a court order.
Justice Yilwa delivered the ruling after a suit marked FHC/ABJ/CS/291/2025 filed by activist-lawyer, Deji Adeyanju, against the Inspector-General of Police, the Attorney-General of the Federation and the FRSC.
She said both the police and the FRSC have the power to enforce compliance with third-party motor insurance, they lack the legal authority to impose fines on alleged offenders.
The suit which was initiated through an originating summons, was in pursuant to Section 17 of the Motor Vehicles (Third Party Insurance) Act, 1950, Sections 68(3) and (4) of the Insurance Act, 2003, as well as provisions of the Federal Road Safety Commission (Establishment) Act, 2007.
Adeyanju had demanded the court to state whether the police could enforce third-party insurance, impose fines without judicial backing, and whether such enforcement during routine stop-and-search operations violated constitutional rights.
He also demanded a declaration on whether the power to enforce third-party motor insurance lies exclusively with the FRSC just as he requested orders of perpetual injunction restraining the police from enforcing third-party insurance and from imposing fines without judicial backing.
Adeyanju further asked the court to hold the Attorney-General of the Federation accountable for providing legal guidance on the scope of police powers under the relevant statutes.
Justice Yilwa, in her judgment, drew a distinction between enforcement and sanctioning powers.
Counsel to the applicant, Marvin Omorogbe, told the court to uphold the authority of both the police and the FRSC to ensure compliance with motor vehicle insurance laws but firmly ruled against the imposition of fines by either agency.
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,” Omorogbe said.
