The Federal High Court in Abuja on Friday barred the Nigeria Police Force and the Federal Road Safety Corps from imposing fines or penalties on motorists for alleged violations of the Third Party Motor Vehicle Insurance Act without a valid court order.
Justice Hauwa Joseph Yilwa, who delivered the judgment, ruled that although the agencies are empowered to enforce compliance with the insurance law, they do not have the authority to unilaterally sanction offenders outside judicial approval.
The decision followed a suit instituted by a lawyer, Deji Adeyanju, challenging the enforcement powers of the agencies under the Act.
Prior to delivering the judgment, the court dismissed a Notice of Preliminary Objection filed by the police, which sought to halt the proceedings on the grounds of lack of jurisdiction.
Counsel to the police, Andrew Victor, had argued that the force was not properly served with court processes and maintained that the issue of jurisdiction could be raised at any stage before judgment.
However, in a bench ruling, Justice Yilwa rejected the argument, stating that records before the court clearly indicated that all parties were duly served.
She cited multiple dates on which the processes were served on the police, stressing that the force was aware of the suit but failed to respond.
The judge described the objection as a deliberate attempt to stall the case and declined the application.
“The motion of preliminary objection, as well as the request for joinder, is hereby refused. I will proceed to deliver judgment,” she held.
In her final verdict, Justice Yilwa affirmed that while the police and the FRSC have statutory responsibilities to enforce the insurance law, any imposition of fines or penalties on defaulting motorists must be backed by a court order.
