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

In a significant victory for motorists, the Federal High Court in Abuja has delivered a landmark ruling, restraining the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines on drivers for third-party motor insurance infractions. This decision stems from a lawsuit filed by activist-lawyer Deji Adeyanju, who challenged the legality of these agencies levying fines without judicial backing.

The court, presided over by Justice Hauwa Yilwa, clarified the enforcement powers of both the police and the FRSC. While acknowledging their authority to ensure compliance with mandatory third-party motor insurance laws, the judgment explicitly states they do not possess the legal power to impose fines. This distinction is crucial, as it means any alleged violation must now proceed through the judicial system for a penalty to be applied.

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The police and the road safety may enforce compliance but outrightly lack the powers to impose fines on third parties or vehicle owners.

This ruling is expected to put a stop to what many motorists have perceived as arbitrary and potentially exploitative fines. Lawyer Marvin Omorogbe, representing the applicant, highlighted the court's clear stance: "The police and the road safety may enforce compliance but outrightly lack the powers to impose fines on third parties or vehicle owners." Adeyanju expressed satisfaction, stating the suit's core objective—to prevent the police and FRSC from imposing fines without judicial authority—has been achieved, thereby safeguarding citizens' rights against such enforcement practices.

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The sole reason why we came to court is that 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.