A ruling by the Federal High Court in Abuja has drawn a clear line on the enforcement of motor insurance laws, declaring that security agencies cannot impose fines on motorists without first obtaining a court order.
Delivering judgment in a suit filed by activist-lawyer Deji Adeyanju, Justice Hauwa Yilwa held that while the Nigeria Police Force and the Federal Road Safety Corps have the authority to enforce compliance with third-party motor insurance requirements, they lack the legal backing to sanction offenders directly.
The case, marked FHC/ABJ/CS/291/2025, sought judicial clarity on whether law enforcement agencies could both enforce and penalise breaches under existing insurance laws.
In her decision, Yilwa distinguished between the powers to enforce and to punish, ruling that enforcement does not automatically confer the authority to impose fines.
Counsel to the applicant, Marvin Omorogbe, said the judgment reinforced that position.
“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.”
Adeyanju, who instituted the suit against the inspector-general of police, the attorney-general of the federation, and the FRSC, argued that the practice of issuing fines without judicial process violated legal and constitutional provisions.
Reacting after the judgment, he described the ruling as a decisive resolution of the issues raised.
“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,” he said.
He added that the verdict would help curb what he characterised as arbitrary penalties imposed on motorists.
However, the defendants signalled disagreement with aspects of the ruling. Victor Okoye, their counsel, said the judgment was only partially favourable and may be challenged on appeal.
“We envisage that we will likely challenge the proceedings at the court of appeal to determine if the court ought to have determined a case where the originating summons is incompetent,” he said.
Okoye maintained that the suit was improperly constituted, arguing that the inspector-general of police was sued instead of the Nigeria Police Force as a legal entity, and that the court lacked jurisdiction due to procedural issues.
Despite these objections, the court proceeded to deliver its decision, which nonetheless affirmed that both the police and FRSC retain the authority to stop motorists and verify compliance with third-party insurance laws, but must rely on the courts to impose any penalties.
