Third Party Insurance: Court bars Police, FRSC from fining motorists without court order

The Federal High Court in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines or penalties on motorists who breach the Third Party Motor Vehicle Insurance Act without a valid court order.

Justice Hauwa Yilwa delivered the ruling in a suit filed by activist and lawyer Deji Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC.

In her judgment, the court held that while both the police and FRSC have the statutory powers to enforce compliance with motor vehicle insurance laws, they lack the authority to impose fines or penalties without recourse to the court.

Justice Yilwa stressed that enforcement must align with due process, noting that only a court of law can validly impose sanctions on erring motorists.

The judge also dismissed a Notice of Preliminary Objection filed by the police seeking to halt the judgment. Counsel to the police, Victor Okoye, had challenged the court’s jurisdiction, claiming improper service.

However, the court ruled that records showed the police had been duly served multiple times and described the objection as a delay tactic.

The court subsequently dismissed both the preliminary objection and a joinder application before proceeding to deliver its judgment.

The ruling reinforces the distinction between enforcement and sanctioning powers, limiting law enforcement agencies to compliance checks while reserving penalty imposition for the judiciary.