BREAKING: COURT RESTRAINS POLICE AND FRSC FROM IMPOSING FINES ON MOTORISTS OVER THIRD-PARTY INSURANCE
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By:Tajudeen Aminat
A 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 alleged to have violated the Third Party Motor Vehicle Insurance Act.
Justice Hauwa Joseph Yilwa ruled that the police and FRSC cannot sanction defaulting motorists without a valid court order.
The judgment followed a suit filed by lawyer Deji Adeyanju.
Justice Yilwa, before delivering her judgment, dismissed a Notice of Preliminary Objection filed by the police aimed at halting the ruling.
When the case was called, counsel to the police, Mr. Andrew Victor, moved a motion challenging the court’s jurisdiction to hear the matter. He argued that jurisdiction is fundamental and can be raised at any stage before judgment, also claiming that the police were not properly served with the court processes.
However, Justice Yilwa, in a bench ruling, rejected the objection, stating that the court record clearly showed evidence of service.
“Having listened to submissions of all counsel, this court notes that the originating summons was served on all respondents,” she said, adding that the records indicated service on the police on April 3, May 21, November 14, 17, January 28, and April 21.
While also outlining the dates the 2nd and 3rd respondents filed their responses, she stated: “The 1st respondent (police) is fully aware of this suit but deliberately failed to respond. This appears to be an attempt to delay or arrest this judgment, and this court will not permit it.”
“The preliminary objection and the application for joinder are hereby dismissed. Accordingly, I will proceed to deliver judgment.”
In her ruling, the trial judge held that although the police and the Federal Road Safety Corps, being the 1st and 3rd respondents, are empowered to enforce the Third Party Motor Vehicle Insurance Act, they do not have the authority to impose fines or penalties on motorists without obtaining a court order.
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