Federal High Court Bars Police, FRSC From Imposing Fines Over Third‑Party Insurance
Justice Hauwa Yilwa of the Federal High Court, Abuja, has issued a perpetual injunction restraining the Nigerian Police Force (NPF) and the Federal Road Safety Corps (FRSC) from imposing or demanding fines from motorists for non‑possession of third‑party motor insurance.
Delivering judgment, Justice Yilwa held that only a court of competent jurisdiction has the authority to sanction motorists alleged to be in breach of insurance requirements. The Court, however, affirmed that both the Police and FRSC retain statutory powers to enforce compliance with third‑party insurance, but not to unilaterally impose fines.
The suit was filed by human rights lawyer, Deji Adeyanju, against the Inspector General of Police, FRSC, and the Attorney‑General of the Federation. Adeyanju challenged the legality of the Police and FRSC imposing fines without judicial orders, citing provisions of: Section 17 of the Motor Vehicles (Third Party Insurance) Act, 1950; Sections 68(3) and (4) of the Insurance Act, 2003; Sections 35 and 36 of the 1999 Constitution (as amended); and Section 10(4) of the FRSC Establishment Act, 2007
He argued that unilateral fines violated motorists’ constitutional rights to privacy and freedom of movement, and amounted to unlawful enforcement.
The Court granted Adeyanju’s reliefs in part, restraining the Police and FRSC from imposing fines without court orders.
It validated their statutory powers to enforce third‑party insurance requirements.
A preliminary objection by the Police challenging jurisdiction was dismissed, with Justice Yilwa describing it as an attempt to stall judgment.
The Police, through counsel, indicated their intention to appeal the ruling. Adeyanju, in his affidavit, noted that the Police had earlier announced plans to enforce third‑party insurance from February 1, 2025, with fines up to ₦250,000 for defaulters, a move he described as unconstitutional and burdensome.
The FRSC did not oppose the reliefs sought.
