The Federal High Court in Abuja has restrained the Nigeria Police Force and Fethe deral Road Safety Corps from imposing fines on motorists for third-party motor insurance violations without a court order.
The judgment followed a suit filed by activist-lawyer Deji Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation and the FRSC.
Delivering judgment on Friday, Justice Hauwa Yilwa held that while both agencies have the authority to enforce compliance with third-party motor insurance laws, they do not have legal powers to impose fines on offenders.
The case, marked FHC/ABJ/CS/291/2025, was brought under provisions of the Motor Vehicles (Third Party Insurance) Act, the Insurance Act and the FRSC Establishment Act, with the applicant seeking clarification on the limits of enforcement powers during routine checks.
Adeyanju had argued that the imposition of fines by security agencies during stop-and-search operations amounted to a violation of constitutional rights and amounted to unlawful enforcement.
In her ruling, the judge drew a distinction between enforcement and punishment, holding that while officers can verify compliance with insurance requirements, sanctioning offenders through fines must be backed by judicial authority.
Counsel to the applicant, Marvin Omorogbe, said the court specifically restrained both agencies from imposing fines on motorists or citizens in the course of enforcement.
Reacting to the ruling, Adeyanju said the decision achieved the core aim of the suit, which was to stop what he described as unlawful extortion of motorists.
He added that although the court did not completely remove enforcement powers from the agencies, it clearly defined their legal limits.
However, counsel to the defendants, Victor Okoye, said the judgment was only partially favourable to the police and confirmed that an appeal is being considered.
He argued that the court lacked jurisdiction to hear the matter and maintained that the suit was improperly filed, insisting that some issues raised were contentious and unsuitable for determination through originating summons.
Despite the planned appeal, he acknowledged that the ruling affirmed the right of both agencies to stop, search and verify compliance with third-party insurance requirements.
The case is expected to proceed to the Court of Appeal if the defendants formally challenge the decision.
