Courts Police, FRSC from the imposition of insurance fines – THISAGE

By Victor Osula, Abuja

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

The ruling, delivered by Justice Hauwa Yilwa on Friday, follows a lawsuit filed by activist-lawyer Deji Adeyanju against the Inspector General of Police, the Attorney General of the Federation and the FRSC.

Judge Yilwa found that while both law enforcement agencies retain statutory authority to ensure compliance with third-party auto insurance requirements, they do not possess the legal power to impose fines on alleged violators without resorting to the courts.

The case, marked FHC/ABJ/CS/291/2025, was initiated through a summons under section 17 of the Motor Vehicles (Third Party Insurance) Act, 1950, sections 68(3) and (4) of the Insurance Act, 2003, and provisions of the Federal Road Safety Commission (Establishment) Act, 2007.

The applicant had asked the court to determine whether the police could lawfully enforce third-party motor insurance, impose fines without judicial support, and whether such enforcement during routine stop and search operations violated constitutional rights. It also sought to clarify whether executive powers rest exclusively with the FRSC.

In resolving the issue, the court made a clear distinction between enforcement powers and sanctioning powers, stating that while the police and the FRSC can stop, search and verify compliance with insurance laws, the imposition of sanctions falls strictly within the jurisdiction of the courts.

The appellant’s lawyer, Marvin Omorogbe, said the court upheld the enforcement powers of both agencies but unequivocally prohibited them from imposing fines on motorists.

According to him, “The police and road safety can enforce compliance, but they have absolutely no power to impose fines on third parties or vehicle owners.”

He added that the court issued a restraining order against the Inspector General of Police, the police force and all its officers, as well as the FRSC, prohibiting them from imposing fines on motor vehicle users across the country.

Reacting to the ruling, Adeyanju described the decision as a major victory for the rule of law and civil liberties, stressing that the central objective of the case had been achieved.

“The only reason we came to court was to get a clear declaration that the police and the FRSC have no right to impose fines on Nigerians for motor vehicle insurance. We succeeded,” he said.

He expressed optimism that the ruling could curb abuses associated with enforcement operations and restore public trust, particularly among motorists who have long complained of arbitrary fines and alleged extortion.

Adeyanju, however, acknowledged that the court had refused to grant all the relief sought, particularly the request to completely deprive the police of executive powers. However, he noted that the ruling makes a significant ruling on the limits of those powers.

He urged Nigerians to continue to comply with insurance requirements, while asserting their rights where enforcement actions go beyond the bounds of the law.

However, the defendants’ lawyer, Victor Okoye, described the ruling as only partially favorable and indicated that the defense can appeal it at the Court of Appeal.

Okoye disclosed that the defendants had raised a preliminary objection questioning the jurisdiction of the court, arguing that the original summons was incompetent to resolve the disputed issues.

“We anticipate that we will likely appeal the proceedings to the Court of Appeal to determine whether the court should have considered the matter in its current form,” he said.

It further argued that the suit was improperly constituted, pointing out that the Inspector General of Police had been named as a party rather than the Nigeria Police Force as a corporate entity, and argued that the issues raised were too controversial to be determined by subpoena.

Despite the planned appeal, Okoye acknowledged that the ruling affirmed the concurrent powers of the police and the FRSC to enforce public liability insurance laws.

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