There is growing relief among motorists after the Federal High Court in Abuja ruled that law enforcement agencies cannot impose fines over third-party motor insurance without judicial approval.
The judgment followed a lawsuit filed by activist-lawyer Deji Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation, and the Federal Road Safety Corps (FRSC).
Delivering the ruling, Justice Hauwa Yilwa clarified that while both the Nigeria Police Force and the FRSC have the authority to enforce compliance with third-party insurance laws, they do not have the legal power to impose fines on motorists without a court order.
The case, marked FHC/ABJ/CS/291/2025, was based on provisions of the Motor Vehicles (Third Party Insurance) Act, 1950, the Insurance Act, 2003, and the FRSC Establishment Act, 2007.
Adeyanju had asked the court to determine whether the police could enforce insurance compliance, impose fines without judicial backing, and whether such actions during routine stop-and-search operations infringed on citizens’ constitutional rights. He also sought clarity on whether enforcement powers lie solely with the FRSC.
In its decision, the court drew a clear line between enforcement and punishment. According to Adeyanju’s counsel, Marvin Omorogbe, the court upheld the right of both agencies to check compliance but ruled that neither can fine motorists directly.
“The police and FRSC may enforce compliance, but they outrightly lack the authority to impose fines on vehicle owners,” he stated, adding that the court restrained both agencies and their officers from such actions.
Reacting to the outcome, Adeyanju expressed satisfaction, noting that the primary goal of the suit had been achieved. He said the judgment would help curb alleged extortion by enforcement officers and boost public confidence.
Although the court did not grant all requests—particularly the bid to remove the police entirely from enforcement duties—it established clear limits on their powers. Adeyanju encouraged Nigerians to assert their rights based on the ruling.
On the other hand, counsel to the defendants, Victor Okoye, described the judgment as only partially favourable and indicated plans to challenge it at the Court of Appeal.
He argued that the case should not have proceeded, citing issues with jurisdiction and the use of an originating summons for what he described as a contentious matter. He also questioned the inclusion of the Inspector-General of Police as a party instead of the Nigeria Police Force as a corporate entity.
Despite these objections, the court proceeded with the ruling, which still affirms that both the police and the FRSC retain the authority to stop vehicles, conduct checks, and ensure compliance with insurance regulations—but cannot impose fines without court approval.
