𝗩𝗶𝗰𝘁𝗼𝗿𝘆 𝗳𝗼𝗿 𝗠𝗼𝘁𝗼𝗿𝗶𝘀𝘁𝘀: 𝗣𝗼𝗹𝗶𝗰𝗲, 𝗙𝗥𝗦𝗖 𝗟𝗼𝘀𝗲 𝗣𝗼𝘄𝗲𝗿 𝘁𝗼 𝗜𝗺𝗽𝗼𝘀𝗲 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗙𝗶𝗻𝗲𝘀

Nathaniel Irobi, Abuja

A Federal High Court sitting in Abuja has delivered a landmark judgment barring the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines on motorists over third-party motor vehicle insurance without a valid court order.

Justice Hauwa Yilwa, in a ruling on Friday, drew a clear distinction between the power to enforce compliance and the power to punish offenders. While she affirmed that both agencies have the legal authority to stop and verify insurance documents, she firmly ruled that neither body has the statutory power to levy fines on the spot.

The judgment was delivered in 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.

Delivering judgment, Justice Yilwa held that Sections 68(3) and (4) of the Insurance Act, 2003, and the Federal Road Safety Commission (Establishment) Act, 2007, do not grant police or FRSC officers the authority to impose financial penalties on alleged violators of third-party insurance requirements.

“The police and the road safety may enforce compliance,” the court ruled, but they “outrightly lack the powers to impose fines on third parties or vehicle owners” in the course of such enforcement.

Consequently, the court issued an order restraining the IGP, the Nigeria Police Force, all their officers, and the FRSC from imposing fines on motor vehicle users or Nigerian citizens over third-party insurance matters.

Adeyanju Hails Ruling as Blow Against Extortion

Reacting to the judgment, Adeyanju expressed satisfaction, stating that the core objective of the litigation had been achieved.

“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 argued that the ruling would curb what he described as a pattern of extortion by enforcement agencies, where motorists are routinely forced to pay arbitrary “fines” on the roadside. Adeyanju urged Nigerians to take advantage of the judgment to assert their rights and seek legal remedies where necessary.

However, not all parties welcomed the decision. Counsel to the defendants, Victor Okoye, described the judgment as only partly favourable to the police and signalled plans to challenge it at the Court of Appeal.

Okoye disclosed that the defence had raised a preliminary objection questioning the jurisdiction of the court to entertain the suit, arguing that the originating summons was incompetent and unsuitable for resolving contentious issues.

“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.

He also maintained that the suit was improperly constituted, as the Inspector-General of Police was named as a party instead of the Nigeria Police Force as a corporate entity.

Nevertheless, he acknowledged that the judgment affirmed the concurrent powers of the police and the FRSC to stop, search and verify compliance with third-party insurance requirements.

What This Means for Motorists

Following the ruling, motorists who are stopped without a valid third-party insurance certificate cannot be lawfully fined by police or FRSC officers at the roadside.

Any such fine would now require a formal court order. However, the agencies retain the power to stop vehicles, demand proof of insurance, and potentially initiate court proceedings against violators—they simply cannot impose on-the-spot financial penalties.