By Bashir Kulodo

The Federal High Court in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing fines on motorists for failure to present third party motor vehicle insurance without a valid court order.

The judgment followed a suit marked FHC/ABJ/CS/291/2025 filed by activist lawyer Deji Adeyanju against the Inspector General of Police, the Attorney General of the Federation, and the Federal Road Safety Corps.

Delivering the ruling on Friday, Justice Hauwa Yilwa held that while both the police and the Federal Road Safety Corps are empowered to enforce compliance with third party motor insurance laws, neither agency has the legal authority to impose fines on motorists in the absence of judicial approval.

The court relied on relevant provisions of the Motor Vehicles (Third Party Insurance) Act 1950, the Insurance Act 2003, and the Federal Road Safety Commission Establishment Act 2007 in reaching its decision.

Adeyanju had asked the court to determine whether the police could impose fines during roadside checks for failure to produce insurance documents and whether such actions were consistent with constitutional protections. He also sought a declaration on whether enforcement of third party insurance was exclusively the responsibility of the Federal Road Safety Corps.

He further requested an order restraining the police from imposing fines without court backing and questioned the legality of enforcement actions carried out during routine stop and search operations.

In its ruling, the court drew a distinction between enforcement and the imposition of penalties, holding that although both agencies may verify compliance with insurance requirements, they lack authority to impose fines.

Counsel to the applicant, Marvin Omorogbe, said the court affirmed the enforcement powers of both agencies but clearly prohibited them from levying fines on motorists or citizens.

He stated that the court also restrained the Inspector General of Police, the Nigeria Police Force, and the Federal Road Safety Corps from imposing fines during enforcement activities.

Reacting to the judgment, Adeyanju said the ruling achieved the core objective of the suit, which was to stop what he described as unauthorised financial penalties by enforcement agencies. He added that the decision would help reduce instances of alleged extortion and strengthen public confidence in road traffic enforcement.

Counsel to the defendants, Victor Okoye, said the judgment was only partly in favour of the respondents and confirmed that it would be challenged at the Court of Appeal.

He argued that the court ought to have first addressed a preliminary objection on jurisdiction and the competence of the originating summons, which he said was inappropriate for resolving disputed issues of law and fact.

Okoye also maintained that the suit was improperly constituted, noting that the Inspector General of Police was named instead of the Nigeria Police Force as a corporate entity.

Despite this, he acknowledged that the court affirmed the authority of both the police and the Federal Road Safety Corps to stop vehicles and verify compliance with third party insurance requirements during enforcement operations.