Lawyers hail ruling stopping Police, FRSC insurance fines

Legal practitioners, including a Senior Advocate of Nigeria, Isiaka Olagunju, have commended a Federal High Court judgment in Abuja which restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing fines on motorists over third-party motor vehicle insurance compliance.

The court, in a ruling delivered by Justice Hauwa Yilwa on Friday, held that while both agencies have the authority to enforce compliance with insurance laws, they do not possess the power to impose fines without a valid court order.

The judgment followed a suit marked FHC/ABJ/CS/291/2025 filed by lawyer and activist, Deji Adeyanju, against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC.

The suit, brought through an originating summons under relevant provisions of the Motor Vehicles (Third Party Insurance) Act, Insurance Act, and the FRSC Establishment Act, asked the court to determine whether the police and FRSC could lawfully enforce insurance compliance and impose fines.

Adeyanju also queried whether routine stop-and-search operations violated constitutional rights, and whether enforcement of third-party insurance lies exclusively with the FRSC.

In its judgment, the court drew a clear distinction between enforcement powers and sanctioning authority, affirming that punishment for infractions remains within judicial competence.

Reacting to the ruling, Olagunju described it as a positive development that reinforces constitutional order and proper limits of law enforcement powers.

He said while police and other agencies can demand compliance with the law, they are not empowered to impose fines.

“It is a welcome development. It is the maintenance of public order. It is the duty of the police and other law enforcement officers to ensure compliance, but not to impose fines,” he said.

Olagunju added that enforcement agencies must take lawful steps to ensure compliance, but penalties must be determined by the courts.

Another lawyer, Eze Onyekpere, said the judgment was consistent with established legal principles, stressing that the power to impose fines is strictly judicial.

He noted that allowing agencies to investigate, prosecute, and impose penalties would violate constitutional provisions vesting judicial authority in the courts.

“This is not new. Regulatory agencies should not have the power to impose fines because that is a judicial function after evaluation of evidence,” he said.

Onyekpere further explained that while agencies may enforce compliance through checks and verification, any punishment must follow due legal process.