The Federal High Court in Abuja has issued a landmark ruling restraining the Nigeria Police Force and the Federal Road Safety Corps from imposing fines on motorists who lack third-party motor vehicle insurance. The judgment was delivered in a suit filed by human rights activist and lawyer Deji Adeyanju, who challenged the legality of such fines.
Background of the Case
The suit, marked FHC/ABJ/CS/291/2025, was initiated by Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC. He sought to determine whether the police and FRSC have the authority to unilaterally impose fines on motorists for non-compliance with third-party insurance requirements.
Justice Hauwa Yilwa presided over the case and held that while both agencies retain the power to enforce compliance with third-party motor insurance, they lack the legal authority to impose fines without a court order. The judgment clarified that any penalty for non-compliance must be determined by a court of law.
Key Legal Arguments
Adeyanju, through his counsel Marvin Omorogbe, argued that the police and FRSC routinely conduct stop-and-search operations to check insurance compliance, often imposing fines on the spot. He contended that this practice violates constitutional rights to privacy and freedom of movement. The suit sought a declaration that the power to enforce third-party insurance lies exclusively with the FRSC, but the court did not grant this request.
The court, however, drew a clear distinction between enforcement and sanctioning powers. It ruled that both agencies may stop vehicles and verify insurance compliance, but they cannot impose fines. Omorogbe stated, "The court held that the police and the road safety may enforce compliance but outrightly lack the powers to impose fines on third parties or vehicle owners."
Reactions to the Judgment
Adeyanju expressed satisfaction with the ruling, noting that the central objective of the suit had been achieved. "The sole reason we came to court is because 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 extortion by enforcement agencies and restore confidence among motorists.
On the other hand, counsel to the defendants, Victor Okoye, indicated that the judgment was only partly favourable to the police and signaled 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. He stated, "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."
Implications for Motorists
The ruling is expected to have significant implications for motorists across Nigeria. It reaffirms that only courts can impose fines for lack of third-party insurance, potentially reducing instances of roadside extortion. Motorists are advised to ensure they have valid insurance but can now challenge any fines imposed by police or FRSC officers without a court order.
Adeyanju also urged Nigerians to take advantage of the judgment to assert their rights and seek legal remedies where necessary. The case highlights the ongoing tension between enforcement agencies and citizens' rights, with the court striking a balance by allowing enforcement but restricting punitive measures.
