Court Rules Police, FRSC Cannot Fine Motorists for Third-Party Insurance Without Court Order

A Federal High Court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps cannot impose fines on motorists for violating third-party motor vehicle insurance requirements without first obtaining a court order.

Justice Hauwa Joseph Yilwa delivered the judgment on Friday, holding that while both agencies are legally empowered to enforce the Third Party Motor Vehicle Insurance Act, they have no constitutional authority to act as both prosecutor and judge by imposing roadside penalties without judicial backing.

The police had attempted to halt proceedings at the last minute, with their counsel Victor Andrew filing a preliminary objection challenging the court’s jurisdiction. He argued the police had not been properly served. Justice Yilwa dismissed the objection from the bench, citing court records showing the police were served on multiple dates — April 3, May 21, November 14, January 28, and April 21 — and had simply chosen not to respond.

“The 1st respondent is very much aware of the suit but refused to respond. This is viewed as an attempt to arrest this judgment, and this court will not allow it,” the judge ruled.

For motorists, the practical effect is significant. Roadside insurance checks by police and FRSC officers have long been a source of extortion, with arbitrary fines levied on the spot without any court process. This ruling draws a clear constitutional line: enforcement is permitted, but penalty imposition is not — at least not without a valid court order.

The ruling is likely to be tested on appeal, but for now it stands as a binding check on how both agencies can operate on Nigeria’s roads.

Sources: PerSecondNews, Law and Society Magazine, NewsentralTV