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Court bars police, FRSC from imposing fines over third-party insurance

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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 over third-party motor insurance without a court order.

Hauwa Yilwa, presiding judge, delivered the judgment in a suit filed by Deji Adeyanju, the activist and lawyer, against the inspector-general of police (IGP), the attorney-general of the federation (AGF), and the FRSC.

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The case, marked FHC/ABJ/CS/291/2025, sought clarification of the powers of law enforcement agencies to enforce compliance with motor vehicle insurance laws.

In her ruling, Yilwa distinguished enforcement and sanctioning powers, holding that while the police and the FRSC can check compliance, they do not have the authority to penalise offenders without recourse to the court.

Marvin Omorogbe, counsel to the applicant, said the court affirmed that both agencies can enforce the law but cannot impose fines. “The police and the road safety may enforce compliance but outrightly lack the powers to impose fines on third parties or vehicle owners,” he said.

“The court went further to restrain the IGP, the police force, and all their officers, including the FRSC, from imposing fines on motor vehicle users or Nigerian citizens.” The suit was initiated through an originating summons, invoking provisions of the Motor Vehicles (Third Party Insurance) Act, the Insurance Act, and the FRSC (Establishment) Act.

Adeyanju had asked the court to determine whether the police could enforce third-party insurance, impose fines, and whether such enforcement infringes on constitutional rights.

Speaking to journalists after the judgment, he said the decision 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 on any Nigerian over motor vehicle insurance. And we have succeeded,” Adeyanju said.

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