Court Bars Police, FRSC from Fining Motorists Without Court Order Over Insurance Violations

A Federal High Court in Abuja has drawn a clear legal line on road enforcement, ruling that security agencies cannot unilaterally punish motorists over insurance violations without judicial backing.

In a decisive judgment, Justice Hauwa Joseph Yilwa restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing fines on drivers who fail to comply with the Third Party Motor Vehicle Insurance Act unless a court order is first obtained.

The case, brought before the court by human rights lawyer Deji Adeyanju, challenged the legality of roadside penalties often issued to motorists without judicial oversight.

Before delivering her judgment, Justice Yilwa dismissed a preliminary objection filed by the police, which sought to halt proceedings by questioning the court’s jurisdiction. Counsel for the police, Andrew Victor, had argued that the force was not properly served with court documents.

The judge, however, rejected that claim, citing detailed records showing multiple instances of service on the police across several dates. She described the objection as an attempt to stall the case and refused to entertain it.

“1st respondent (police) is very much aware of the suit but refused to respond,” Justice Yilwa said, adding that the court would not allow any move to obstruct justice.

In her final ruling, the judge acknowledged that both the police and FRSC have the authority to enforce compliance with the insurance law. However, she made it clear that enforcement does not extend to imposing fines or penalties without due legal process.

The decision is expected to have significant implications for motorists across Nigeria, potentially ending the widespread practice of on-the-spot fines by enforcement officers without court approval.