Court bars police, FRSC from fining motorists over insurance without judicial backing

A Federal High Court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps (FRSC) cannot impose fines on motorists for lack of third-party motor insurance without first obtaining a court order.

Justice Hauwa Yilwa delivered the judgment in a suit instituted by Deji Adeyanju against the Inspector-General of police, the Attorney-General of the Federation, and the FRSC.

The case, marked FHC/ABJ/CS/291/2025, sought judicial interpretation of the powers of law enforcement agencies in enforcing compliance with motor vehicle insurance regulations.

In her decision, the judge clarified the limits of enforcement authority, drawing a clear line between ensuring compliance and administering penalties. She held that while the police and FRSC are empowered to check whether motorists comply with insurance requirements, they lack the legal authority to sanction offenders directly without court involvement.

Counsel to the applicant, Marvin Omorogbe, said the ruling affirmed that enforcement powers do not extend to imposing fines.

“The police and the road safety may enforce compliance but outrightly lack the powers to impose fines on third parties or vehicle owners,” he said.

“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.”

The suit was initiated via an originating summons, relying on 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 compliance, impose fines, and whether such actions infringe on constitutional rights.

Reacting after the ruling, he said the judgment addressed the central issue raised in the case.

“The sole reason why we came to court is that we wanted the court to make a positive declaration that the police and the road safety do not have the right to impose fines on any Nigerian over motor vehicle insurance. And we have succeeded,” he said.

He added that the decision would help curb what he described as arbitrary penalties imposed on motorists.

However, counsel to the defendants, Victor Okoye, described the outcome as only partially favourable and indicated plans to challenge it at the appellate level.

He argued that the suit was procedurally flawed and questioned the court’s jurisdiction, noting that the matter should not have been commenced through an originating summons.

“We envisage that we will likely challenge the proceedings at the court of appeal to determine if the court ought to have determined a case where the originating summons is incompetent,” he said.

Okoye also maintained that the case was improperly constituted, arguing that the inspector-general of police 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 upheld the authority of both the police and the FRSC to stop motorists and verify compliance with third-party insurance requirements.