The Federal High Court in Abuja has issued a perpetual injunction restraining the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing or demanding fines from motorists for failure to present third-party motor insurance without a court order.
Justice Hauwa Yilwa, who delivered the judgment, held that only a court of competent jurisdiction has the authority to impose sanctions on erring motorists, thereby limiting the power of both agencies in enforcing penalties related to insurance compliance.
However, the court did not grant a request seeking to completely strip the Police and FRSC of their statutory authority to enforce third-party motor insurance laws across Nigeria.
The case was filed by human rights lawyer Deji Adeyanju, who challenged the legality of roadside enforcement actions and fines imposed by security agencies on motorists alleged to be without valid third-party insurance.
Adeyanju argued that provisions of the Motor Vehicles (Third Party Insurance) Act, the Insurance Act, and sections of the Nigerian Constitution do not empower the Police or FRSC to unilaterally impose fines without judicial approval. He also questioned the legality of stop-and-search operations linked to insurance enforcement, describing them as potential violations of citizens’ rights.
He further sought a declaration that only courts have the power to sanction motorists and an order restraining the agencies from enforcing insurance compliance through fines.
In its defence, the Police challenged the jurisdiction of the court and argued that the suit was improperly filed. It also claimed that the Inspector-General of Police was wrongly joined as a party instead of the Nigeria Police Force.
The court dismissed the preliminary objection, describing it as an attempt to delay the judgment, and proceeded to rule on the substantive matter.
Justice Yilwa granted part of the reliefs sought, affirming that while the Police and FRSC may enforce compliance with third-party insurance laws, they cannot impose fines without a court order.
The Police have, however, indicated their intention to appeal the judgment.
Third-party motor insurance is a mandatory policy that covers damages or injuries caused to other people by a vehicle owner.
