A Federal High Court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps (FRSC) cannot impose fines on motorists who fail to obtain third-party motor insurance unless a court order is secured.
In her judgment, Justice Hauwa Yilwa stated that while law enforcement agencies are permitted to ensure compliance with insurance regulations, they do not have the legal authority to directly penalise offenders.
The court emphasized a clear distinction between enforcing the law and issuing sanctions, noting that only a competent court can impose such penalties.
The ruling followed a lawsuit filed by activist lawyer Deji Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC. The suit sought clarity on whether these agencies could both enforce and punish violations under the Motor Vehicles (Third Party Insurance) Act and related laws.
Counsel to the applicant, Marvin Omorogbe, explained that the court affirmed the agencies’ right to enforce compliance but ruled out their power to impose fines.
“The police and FRSC can ensure motorists comply with the law, but they lack the authority to directly fine vehicle owners,” he said.
Omorogbe further noted that the court specifically restrained the agencies from issuing fines to Nigerians over such violations.
Reacting to the judgment, Adeyanju said the ruling addressed the primary concern raised in the case.
“Our goal was to get a clear declaration that these agencies do not have the right to impose fines, and the court has affirmed that position,” he said.
He added that the decision would help reduce arbitrary fines imposed on motorists.
However, counsel to the defendants, Victor Okoye, described the judgment as partly favourable and hinted at a possible appeal. He argued that the case was flawed and questioned the court’s jurisdiction.
“We are likely to challenge the decision at the Court of Appeal,” he stated.
Despite the restriction on fines, the court maintained that both the police and the FRSC still have the authority to stop motorists and verify compliance with third-party insurance requirements.
The ruling is expected to significantly influence how traffic and insurance laws are enforced nationwide, particularly in relation to penalties imposed on drivers.
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