The Federal High Court in Abuja has issued a perpetual injunction restraining the Nigeria Police Force (NPF) and the Federal Road Safety Corps (FRSC) from imposing or demanding fines from motorists for not having third-party motor insurance.
Delivering judgment on Friday, Justice Hauwa Yilwa ruled that only a court of competent jurisdiction has the authority to sanction erring motorists.
However, the court declined to strip both agencies of their powers to enforce compliance with third-party insurance laws nationwide.
The ruling followed a suit filed by human rights lawyer Deji Adeyanju, who challenged the legality of enforcement actions and fines imposed without court orders.
In the case, which also listed the Attorney-General of the Federation as a defendant, the plaintiff questioned whether the police and its officers had the authority to enforce insurance compliance and impose fines under existing laws.
While the court granted some of the reliefs sought, it upheld the right of the police and FRSC to enforce third-party insurance, but barred them from penalising motorists without judicial backing.
Before the judgment, the court dismissed a preliminary objection by the police, whose counsel, Victor Okoye, had argued that the court lacked jurisdiction and that the suit was improperly filed.
Justice Yilwa rejected the objection, describing it as an attempt to stall the judgment, and proceeded with the ruling.
Reacting afterward, the police indicated plans to challenge the decision at the Court of Appeal.
Adeyanju had argued that police enforcement of third-party insurance, including proposed fines of up to ₦250,000, would cause hardship and amount to illegality.
The FRSC, however, did not oppose the reliefs sought in the suit.
