A Federal High Court in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing or demanding fines from motorists over failure to possess third-party motor insurance without a valid court order.
Delivering judgment, Justice Hauwa Yilwa held that only a court of competent jurisdiction has the authority to sanction erring motorists, issuing a perpetual injunction against the enforcement agencies in that regard.
The court, however, affirmed that both the police and the FRSC retain statutory powers to enforce compliance with third-party motor insurance laws across the country, provided such enforcement does not involve unilateral imposition of fines.
The ruling followed a suit instituted by human rights lawyer Deji Adeyanju, who challenged the powers of law enforcement agencies to impose penalties on motorists without judicial backing.
Adeyanju had asked the court to determine whether, under relevant provisions of the Motor Vehicles (Third Party Insurance) Act of 1950 and the Insurance Act 2003, the police could lawfully enforce insurance compliance and impose fines without recourse to the courts.
He also argued that indiscriminate stop-and-search operations carried out by security agencies in the course of enforcement violated motorists’ constitutional rights to privacy and freedom of movement.
In its verdict, the court granted part of the reliefs sought by the plaintiff, effectively drawing a legal distinction between enforcement and punishment.
Justice Yilwa ruled that while enforcement of insurance compliance is within the powers of the agencies, the imposition of penalties must strictly follow due process through the courts.
The judge also dismissed a preliminary objection filed by the police, which had challenged the court’s jurisdiction to hear the case, describing the move as an attempt to frustrate the delivery of judgment.
Reacting to the ruling, counsel to the police indicated plans to appeal the decision at the Court of Appeal.
The case also listed the Attorney-General of the Federation as a defendant, given his role as the chief law officer responsible for guiding enforcement agencies on the limits of their statutory powers.
The ruling is expected to have far-reaching implications for motorists nationwide, particularly amid earlier plans by the police to enforce third-party insurance compliance with fines of up to ₦250,000 for defaulters.
