BREAKING: Third Party Motor Insurance: Court bars Police, FRSC from imposing fines on motorists
Federal High Court Restraining Police and FRSC from Imposing Fines on Motorists
ABUJA — A Federal High Court in Abuja has issued an order prohibiting the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines and penalties on motorists violating the Third Party Motor Vehicle Insurance Act.
In a ruling delivered on Friday by Justice Hauwa Joseph Yilwa, the court stated that both agencies lack the authority to impose fines on offenders without a valid court order.
The judgment arose from a suit filed by legal practitioner Deji Adeyanju. During proceedings, the police’s counsel, Andrew Victor, submitted a motion contesting the court’s jurisdiction, arguing it was a crucial element that could be raised at any point before a verdict is rendered. Victor also contended that the police had not been properly served with court documents.
However, Justice Yilwa dismissed the police’s preliminary objection, affirming that the record confirmed the suit had been served on the police on multiple occasions throughout the past year. “The originating summons was served on all respondents,” she stated, citing service dates as April 3, May 21, November 14, November 17, January 28, and April 21.
The judge further remarked that the police’s failure to respond indicated an attempt to delay the proceedings, stating, “This court will not allow it.” As a result, Justice Yilwa moved forward with the judgment.
In her decision, she clarified that while the police and FRSC are tasked with enforcing the Third Party Motor Vehicle Insurance Act, they do not possess the power to levy fines or penalties without a court ruling.
