The Federal High Court in Abuja on Friday, ruled that the Nigerian Police and the Federal Road Safety Corps (FRSC) do not have the authority to impose fines on motorists for third party vehicle insurance without a court order.
Justice Hauwa Yilwa, the presiding judge, has ruled in a lawsuit filed by Deji Adeyanju, activist and lawyer, against the inspector general of police (IGP), attorney general of the federation (AGF), and FRSC.
The case, marked FHC/ABJ/CS/291/2025, seeks clarification regarding the authority of law enforcement agencies to enforce compliance with motor vehicle insurance laws.
In his ruling, Yilwa distinguished between law enforcement and sanctioning powers, stating that while the police and FRSC can check compliance, they do not have the power to punish violators without the assistance of the courts.
Marvin Omorogbe, the applicant’s attorney, said the court emphasized that the two agencies could enforce the law but could not impose fines.
“Police and road safety may enforce compliance but have absolutely no authority to impose fines on third parties or vehicle owners,” he said.
“The court went further by restraining the IGP, the police and all its officers, including the FRSC, from imposing fines on motor vehicle users or Nigerian citizens.”
The lawsuit was initiated through a preliminary summons, with reference to the provisions of the Motor Vehicles (Third Party Insurance) Act, the Insurance Act and the FRSC (Establishment) Act.
Adeyanju has asked the court to determine whether police can enforce third-party insurance, impose fines, and whether such enforcement violates constitutional rights.
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Speaking to reporters after the ruling, he said the decision addressed the core issues raised in the lawsuit.
“The only reason why we went to court was because we wanted the court to make a positive statement that the police and road safety have no right to impose fines on any Nigerian for motor vehicle insurance. And we have succeeded,” Adeyanju said.
He added that the decision would help curb what he described as arbitrary fines imposed on motorists.
On the other hand, Victor Okoye, legal counsel for the defendants, said the decision was only partially favorable and indicated plans to challenge it in the appeal court.
Okoye argued that the suit was incompetent and that the court had no jurisdiction to entertain the suit, stating that the case should not have been initiated with a summons.
“We anticipate that we will likely challenge the process in the appellate court to determine whether the court should rule on a case where the initial summons was incompetent,” he said.
He also stated that the suit was not properly made, adding that it was the IGP that was being sued, not the Nigerian Police as a legal entity.
Despite objections, the court still gave its verdict.
But Okoye acknowledged that the decision confirmed the authority of the police and the FRSC to stop and verify compliance with third-party insurance requirements.
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