By Omoyeni Ojeifo
A Federal High Court in Abuja has issued an order barring the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from unilaterally imposing fines or penalties on motorists for violating the Third Party Motor Vehicle Insurance Act.
In a judgment delivered on Friday, Justice Hauwa Joseph Yilwa ruled that while the police and the FRSC are legally empowered to enforce the Act, they lack the constitutional authority to act as both prosecutor and judge by imposing penalties without a valid court order.
The ruling followed a last minute attempt by the Nigeria Police to halt the proceedings.
Counsel to the police, Mr Victor Andrew, moved a Notice of Preliminary Objection challenging the court’s jurisdiction.
He argued that the police had not been properly served with the court processes, asserting that jurisdictional issues can be raised at any stage before judgment.
Justice Yilwa, however, dismissed the objection in a bench ruling, describing it as an attempt to “arrest” the judgment.
“This court notes that the originating summons was served on all respondents,” Justice Yilwa stated, citing court records that showed the police were served on multiple dates, including April 3, May 21, November 14, January 28, and April 21.
The judge further noted that despite being aware of the suit, the police had failed to file a response.
“The 1st respondent 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,” she ruled.
In her judgment, the trial judge held that the police and FRSC, who are 1st and 3rd respondents in the suit, although empowered to enforce the Third Party Motor Vehicle Insurance Act, lack the powers to impose fines and penalties on motorists in breach of the Act without a court order.
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