A Federal High Court in Abuja has issued a perpetual injunction restraining the Nigeria Police Force and the FRSC from unilaterally imposing fines for lack of third-party insurance, ruling that only a court of competent jurisdiction can sanction motorists.
A Federal High Court in Abuja has delivered a landmark judgment restraining the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing or demanding fines from motorists for failing to possess valid third-party motor insurance without a prior court order. Delivering the ruling, Justice Hauwa Yilwa held that while these agencies possess the statutory power to enforce compliance with insurance laws, the authority to impose financial sanctions resides exclusively with a court of competent jurisdiction. Consequently, the court issued a perpetual injunction prohibiting the enforcement agencies from the unilateral imposition of fines on citizens for such infractions.
The judgment was the result of a legal challenge initiated by human rights lawyer Deji Adeyanju, who sought a judicial determination on the limits of law enforcement powers under the Motor Vehicles (Third Party Insurance) Act of 1950 and the Insurance Act 2003. Adeyanju argued that the prevailing practice of security agencies levying penalties on the spot without judicial backing was an overreach of their administrative functions. He further contended that the indiscriminate stop-and-search operations frequently employed during these enforcement drives constituted a violation of the constitutional rights of motorists to privacy and freedom of movement.
In its final determination, the court clarified the distinction between the power to verify compliance and the power to punish defaults. While Justice Yilwa affirmed that the police and FRSC retain their mandate to ensure all vehicles on Nigerian roads are properly insured, she emphasized that any suspected violation must be prosecuted through the legal system. The ruling effectively mandates that law enforcement officers must follow due process by charging alleged offenders to court rather than acting as both the prosecutor and the judge on the highway.
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