FRSC

Author: Gist Correspondent

The Federal High Court in Abuja has restrained the Nigerian Police Force and the Federal Road Safety Corps (FRSC) from imposing fines on motorists for failing to possess third-party motor insurance without a court order.

Justice Hauwa Yilwa, who delivered the judgment, issued a perpetual injunction stopping both agencies from demanding or collecting fines from motorists over non-possession of the mandatory insurance policy.

The court, however, declined to declare that the police and FRSC lacked the statutory powers to enforce compliance with third-party motor vehicle insurance across the country.

Justice Yilwa held that while both agencies could enforce the policy, only a court of competent jurisdiction had the authority to sanction offenders and impose penalties.

The ruling followed a suit filed by human rights lawyer, Deji Adeyanju, against the Inspector General of Police, the FRSC, and the Attorney-General of the Federation.

Adeyanju had asked the court to determine whether the police, under Section 17 of the Motor Vehicles (Third Party Insurance) Act, 1950, and relevant provisions of the Insurance Act, 2003, had the legal authority to enforce third-party insurance and unilaterally impose fines on alleged violators without a court order.

He also questioned whether indiscriminate stop-and-search operations carried out by police officers in the name of enforcing the policy violated motorists’ constitutional rights to privacy and freedom of movement.

Additionally, he sought clarification on whether the enforcement powers under Section 10(4) of the FRSC (Establishment) Act, 2007, rested exclusively with the road safety agency.

Among the reliefs sought, the plaintiff requested an order restraining the respondents from further enforcing third-party motor insurance and from imposing fines without judicial approval.

Although the court granted the reliefs in part, it upheld the powers of both the police and the FRSC to enforce compliance, provided they do not impose fines without due legal process.

Before the judgment, the court dismissed a preliminary objection raised by the police challenging its jurisdiction to hear the matter.

Counsel for the police had argued that the suit was incompetent because it should have been initiated through a writ of summons due to the contentious issues involved.

The police also contended that the Inspector General of Police was wrongly sued instead of the Nigerian Police Force.

However, Justice Yilwa ruled that the objection appeared to be a deliberate attempt to frustrate the delivery of judgment and dismissed it.

Reacting to the verdict on Friday, counsel to the police said the force would challenge the decision at the Court of Appeal.

In a 24-paragraph affidavit, Adeyanju stated that the police had announced during a press conference on January 11, 2025, that enforcement of third-party insurance would commence from February 1, 2025.

He added that the National Insurance Commission backed the move on January 16, 2025, while the police warned that motorists without valid third-party insurance could face fines of up to ₦250,000.

The lawyer argued that allowing the police to enforce such penalties without judicial backing would create unnecessary hardship for Nigerians and amount to illegality.

The FRSC, according to court records, did not oppose any of the reliefs sought by the plaintiff.