The Federal High Court in Abuja on Friday restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing fines or penalties on motorists for breaches of the Third Party Motor Vehicle Insurance Act without a valid court order.
Delivering judgment, Justice Hauwa Joseph Yilwa held that although both agencies are empowered to enforce compliance with the insurance law, they lack the authority to sanction offenders by way of fines without recourse to the court.
The ruling followed a suit instituted by a lawyer, Deji Adeyanju, challenging the powers of the enforcement agencies under the Act.
Before proceeding to judgment, the court dismissed a Notice of Preliminary Objection filed by the police seeking to halt the proceedings.
Counsel to the police, Andrew Victor, had argued that the court lacked jurisdiction to entertain the matter, claiming the force was not properly served with court processes.
However, in a bench ruling, Justice Yilwa rejected the claim, insisting that records before the court clearly showed that all respondents were duly served.
She listed multiple dates on which the processes were served on the police, noting that the force was aware of the suit but failed to respond.
The judge described the objection as an attempt to stall the judgment, declaring that the court would not entertain such a move.
“The motion of preliminary objection is hereby refused,” she ruled, adding that the court would proceed with the matter.
In her final judgment, Justice Yilwa affirmed that while the police and the FRSC can enforce the provisions of the insurance law, any imposition of fines or penalties on defaulting motorists must be backed by a court order.