A Federal High Court in Abuja has ruled that law enforcement agencies cannot impose fines on motorists over violations of third-party motor insurance, drawing a clear line between enforcement and punishment.
Delivering judgment on Friday, Justice Hauwa Yilwa held that the Nigeria Police Force and the Federal Road Safety Corps have the authority to check and ensure compliance with motor vehicle insurance laws, but lack the power to penalise offenders without a court order.
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, which sought to clarify the scope of enforcement powers under existing laws, centred on whether these agencies could legally impose fines on motorists who fail to comply with the Third Party Motor Vehicle Insurance Act.
Counsel to the applicant, Marvin Omorogbe, said the court affirmed that while authorities can stop vehicles and verify insurance status, they cannot unilaterally issue fines.
“The police and road safety can enforce compliance, but they do not have the authority to impose fines on motorists,” he said, adding that the judgment restrains both agencies from penalising citizens without due legal process.
Reacting after the ruling, Adeyanju described it as a major step toward ending what he called arbitrary fines imposed on road users.
“The essence of this case was to get a clear declaration that no Nigerian should be fined by these agencies over motor vehicle insurance without court backing, and the court has affirmed that,” he said.
However, counsel to the defendants, Victor Okoye, expressed dissatisfaction with parts of the judgment and signalled plans to challenge it at the Court of Appeal. He argued that the case was procedurally flawed and questioned the court’s jurisdiction, noting that the suit should not have been initiated through an originating summons.
Despite the objections, the court maintained its position, reinforcing that enforcement powers do not extend to punishment without judicial approval.
