Third Party Motor Insurance: Court Bars Police, FRSC from Fining Motorists Without Court Order
A Federal High Court sitting in Abuja on Friday restrained the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from levying fines or penalties on motorists alleged to have violated provisions of the Third Party Motor Vehicle Insurance Act.
Justice Hauwa Joseph Yilwa, delivering her judgment, held that enforcement agencies cannot sanction defaulting motorists without first obtaining a valid court order.
The ruling followed a suit instituted by legal practitioner Deji Adeyanju, challenging the authority of the agencies to impose penalties outside judicial backing.
Before proceeding to the substantive judgment, the court dismissed a Notice of Preliminary Objection filed by the police, which sought to halt the delivery of the judgment. PulseNets learnt that counsel to the police, Mr Andrew Victor, had questioned the jurisdiction of the court to entertain the matter.
Victor argued that jurisdiction remains fundamental and can be raised at any stage prior to judgment, further claiming that the police were not duly served with court processes.
However, Justice Yilwa, in a bench ruling, rejected the argument, affirming that proof of service was clearly reflected in the court’s records.
“Having listened to submissions of all counsel, this court notes that the originating summons was served on all respondents,” she said.
She proceeded to outline multiple dates on which service was effected on the police, including April 3, May 21, November 14, 17, January 28, and April 21. PulseNets reported that the court also identified when the second and third respondents filed their responses.
“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 motion of preliminary objection as well as the party seeking to be joined are hereby refused. Consequently I shall proceed to deliver judgment.”
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In the final determination, Justice Yilwa ruled that while the police and FRSC possess statutory authority to enforce compliance with the Third Party Motor Vehicle Insurance Act, they do not have the legal powers to impose fines or penalties on motorists without recourse to the court.
PulseNets learnt that the decision effectively limits enforcement actions by both agencies strictly within judicial boundaries, reinforcing due process in the application of the law.
