A Federal High Court in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines or penalties on motorists for violations of the Third Party Motor Vehicle Insurance Act without a valid court order.
Delivering judgment on Friday, Justice H. J. Yilwa granted the order in a suit filed by human rights lawyer Deji Adeyanju.
Before issuing the ruling, the court dismissed a preliminary objection filed by the police, which sought to halt the proceedings on grounds of jurisdiction. Counsel to the police, A. Victor, had argued that the court lacked jurisdiction and that the force was not properly served.
However, Justice Yilwa rejected the submission, stating that court records clearly showed evidence of service.
“Having listing to submissions of all counsel, this court notes that the originating summons was served on all respondents,” she said, adding that records indicated the police had been served on multiple dates, including April 3, May 21, November 14, 17, January 28, and April 21.
She further noted that while other respondents filed their responses, the police failed to do so.
“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 motion of preliminary objection as well as the party seeking to be joined are hereby refused. Consequently I shall proceed to deliver judgment.”
In her final ruling, the judge held that although the police and FRSC have statutory authority to enforce the Third Party Motor Vehicle Insurance Act, they do not possess the power to impose fines or penalties on motorists without judicial backing.
