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Court Bars Police, FRSC From Fining Motorists Over Insurance

FRSC Highway

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 failing to obtain third-party motor insurance without a court order.

Delivering judgment, Justice Hauwa Yilwa held that while law enforcement agencies can check compliance with insurance laws, they lack the authority to penalise offenders directly.

The court drew a clear line between enforcement and sanctioning powers.

The ruling followed a suit filed by activist and lawyer, Deji Adeyanju, against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC.

The case sought clarification on whether security agencies could enforce and penalise motorists under the Motor Vehicles (Third Party Insurance) Act and related laws.

Counsel to the applicant, Marvin Omorogbe, said the court affirmed that the agencies could enforce compliance but not impose fines.

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

He added that the court restrained the agencies from imposing fines on Nigerians.

Speaking after the ruling, Adeyanju said the judgment addressed the core issue raised in the suit.

“The sole reason why 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… And we have succeeded,” he said.

He noted that the decision would help curb arbitrary fines imposed on motorists. Counsel to the defendants, Victor Okoye, described the judgment as partly favourable and indicated plans to appeal.

He argued that the suit was incompetent and questioned the court’s jurisdiction.

“We envisage that we will likely challenge the proceedings at the court of appeal,” he said.

Despite the ruling, the court affirmed that both the police and the FRSC retain the authority to stop motorists and verify compliance with third-party insurance requirements.

The judgment is expected to impact how traffic and insurance regulations are enforced across the country, particularly regarding penalties imposed on motorists.

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