The Federal High Court in Abuja has restrained the Nigerian Police Force and Federal Road Safety Corp (FRSC), from imposing fines and penalties against motorists, who breached the Third Party Motor Vehicle Insurance Act, without a valid order of court.
Justice Hauwa Yilwa made the order while delivering judgment in a case instituted by the Deji Adeyanju against the IGP, the Attorney General of the federation and the Federal Road Safety Corps.
While delivering judgment, the trial judge held that the Police and FRSC, although has the statutory powers to enforce the Third Party Motor Vehicle Insurance Act, it however lacked the powers to impose fines and penalties on any motorists in breach of the Act, without an order of the court.
Justice Yilwa affirmed that enforcement of the insurance law must be carried out within the bounds of due process, while stressing that penalties can only be imposed through a valid court order.
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Earlier in the proceedings, Justice Yilwa dismissed a Notice of Preliminary Objection brought by the police to “arrest the judgment.”
Counsel for the police, Victor Okoye challenged the court’s jurisdiction, arguing that the police were not served with the charge and that jurisdiction issues could be raised at any stage before judgment.
Justice Yilwa dismissed the objection, stating that court records showed the police had been served multiple times.
She held that the police were aware of the suit but failed to respond, describing the move as an attempt to stall judgment.
The court subsequently dismissed both the preliminary objection and a joinder application before proceeding to deliver judgment.
Editor: Ebuwa Omo-Osagie
