Justice Hauwa Yilwa of the Federal High Court in Abuja has ruled that the Nigeria Police Force (NPF) and the Federal Road Safety Corps (FRSC) cannot impose fines or penalties on motorists who violate the Third Party Motor Vehicle Insurance Act without a valid court order.
The suit was filed by lawyer and activist Deji Adeyanju.
In her judgment delivered on Friday, April 23, Justice Yilwa restrained both agencies from sanctioning defaulting motorists unless authorised by a court. Prior to the ruling, she dismissed a preliminary objection filed by the police seeking to halt the judgment.
Counsel to the police, Andrew Victor, had challenged the court’s jurisdiction, arguing that the police were not properly served and that jurisdictional issues can be raised at any stage. However, the court rejected this argument, stating that proof of service was clearly available in its records.
Justice Yilwa held that while the police and FRSC have the authority to enforce the insurance law, they do not have the power to impose fines or penalties without first obtaining a court order.