A Federal High Court sitting in Abuja has restrained the Nigerian Police Force and the Federal Road Safety Corps (FRSC) from imposing or demanding fines from motorists over failure to possess third-party motor insurance.
In a judgment delivered on Friday, Justice Hauwa Yilwa ruled that only a court of competent jurisdiction has the authority to sanction motorists found in violation of the law.
However, the court declined to strip both the police and the FRSC of their statutory powers to enforce compliance with third-party motor insurance across the country.
The decision followed a suit instituted by human rights lawyer, Deji Adeyanju, who challenged the enforcement approach adopted by the authorities.
In his filing, Adeyanju asked the court to determine whether, under Section 17 of the Motor Vehicles (Third Party Insurance) Act, 1950, the police had the legal authority to enforce compliance.
He also questioned whether security agencies could unilaterally impose fines without recourse to the courts.
The plaintiff further raised concerns over alleged indiscriminate stop-and-search operations, arguing that such actions violate constitutional rights to privacy and freedom of movement as guaranteed under the 1999 Constitution.
Additionally, he sought clarification on whether the enforcement of third-party insurance lies exclusively with the FRSC under the Federal Road Safety Corps (Establishment) Act, 2007.
Among other reliefs, Adeyanju requested a declaration that the police lack the power to enforce third-party motor insurance and an order restraining both agencies from further enforcement activities, particularly the imposition of fines without judicial backing.
In her ruling, Justice Yilwa granted the reliefs in part. While affirming that enforcement of the insurance policy remains within the powers of the police and the FRSC, she held that the imposition of fines without a court order is unlawful.
Before delivering judgment, the court dismissed a preliminary objection filed by the police, which challenged its jurisdiction to entertain the matter.
Counsel to the Force had argued that the case was improperly initiated and that the Inspector General of Police was wrongly named as a defendant.
Justice Yilwa, however, described the objection as an attempt to stall the judgment and dismissed it accordingly.
Reacting to the verdict, counsel to the police indicated that the decision would be challenged at the Court of Appeal.
In his affidavit, Adeyanju told the court that the police had, during a press briefing on January 11, 2025, announced plans to begin enforcement of third-party insurance from February 1, 2025.
He added that the National Insurance Commission subsequently endorsed the move, while motorists without valid insurance were threatened with fines of up to N250,000.
Adeyanju argued that such enforcement would impose undue hardship on citizens and constitute an illegal exercise.
