3rd party motor insurance: Court bars Police, FRSC from imposing fines on motorists
Justice Hauwa Yilwa of a Federal High Court sitting in Abuja has issued an order restraining the Nigeria Police Force (NPF) and the Federal Road Safety Corps (FRSC) from imposing fines and penalties on motorists who breached the Third Party Motor Vehicle Insurance Act.
Lawyer/Activist, Deji Adeyanju, filed the suit before the court.
In a judgment delivered on Friday, April 23, the judge barred the police and the FRSC from imposing fines on defaulting motorists without a valid court order.
Before delivering her judgement, Justice Yilwa dismissed a notice of preliminary objection brought by the police to “arrest the judgment”.
When the matter was called, counsel to the police, Andrew Victor, brought a motion to challenge the court’s jurisdiction to entertain the suit. He argued that jurisdiction is vital in any case and can be brought at any time before judgment, adding that the police was not served with the court process.
However, Justice Yilwa, in a bench ruling disagreed with the submission of the police counsel, maintaining that evidence of service is contained in the court’s record.
The trial judge in her judgment 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, however lack the powers to impose fines and penalties on any motorists in breach of the Act, without a valid court order.
