A Federal High Court sitting in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines and penalties on motorists alleged to have breached the Third Party Motor Vehicle Insurance Act without first obtaining a valid court order.
Delivering judgment on Friday, Justice Hauwa Joseph Yilwa ruled that while the agencies are statutorily empowered to enforce compliance with the Third Party Motor Vehicle Insurance Act, they do not possess the authority to unilaterally impose fines or penalties on defaulting motorists in the absence of a court directive.
The suit was instituted by Abuja-based lawyer Deji Adeyanju, who challenged the legality of the enforcement practices adopted by the two agencies.
Before proceeding to deliver judgment, Justice Yilwa dismissed a Notice of Preliminary Objection filed by the police, which sought to halt the delivery of the court’s decision.
When the matter was called, counsel to the police, Mr. Andrew Victor, filed a motion questioning the jurisdiction of the court to entertain the suit. He argued that jurisdiction is fundamental to any judicial proceeding and can be raised at any stage prior to judgment. Victor further contended that the police were not properly served with court processes in the matter.
However, in a bench ruling, Justice Yilwa rejected the arguments, stating that the court record clearly showed evidence of proper service.
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“Having listened to the submissions of all counsel, this court notes that the originating summons was served on all respondents,” the judge held.
She proceeded to list multiple dates on which service was affected by the police — April 3, May 21, November 14, November 17, January 28, and April 21 — underscoring that the first respondent was fully aware of the proceedings.
According to her, “1st respondent (police) 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 court consequently dismissed both the preliminary objection and an application by a party seeking to be joined in the suit, paving the way for the substantive judgment.
Enforcement Powers Limited
In her final decision, Justice Yilwa clarified that although the Nigeria Police Force and the FRSC are empowered under the Third Party Motor Vehicle Insurance Act to enforce compliance, such powers do not extend to the imposition of fines or penalties without judicial backing.
The ruling effectively means that motorists accused of failing to obtain valid third-party insurance cannot be fined directly by enforcement agencies unless a competent court has first issued an order authorizing such sanctions.
The judgment is expected to have significant implications for the enforcement of compulsory motor vehicle insurance across the country, particularly regarding roadside checks and on-the-spot penalties frequently imposed on motorists.