The Federal High Court in Abuja on Friday restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing fines on motorists for alleged violations of the Third Party Motor Vehicle Insurance Act without a court order.
Justice Hauwa Joseph Yilwa, who delivered the judgment, held that although both agencies are empowered to enforce compliance with the law, they lack the authority to penalise offenders without recourse to the court.
The ruling followed a suit instituted by a legal practitioner, Deji Adeyanju.
Before delivering judgment, the court dismissed a preliminary objection filed by the police seeking to halt the proceedings.
Counsel to the police, Andrew Victor, had challenged the jurisdiction of the court, arguing that the force was not properly served with court processes and that such an issue could be raised at any stage before judgment.
However, Justice Yilwa rejected the argument, stating that court records clearly indicated that all parties were duly served.
According to her, the police had been served on multiple occasions, including April 3, May 21, November 14 and 17, as well as January 28 and April 21.
She noted that despite being aware of the case, the police failed to respond, describing the objection as an attempt to frustrate the delivery of judgment.
“The originating summons was served on all respondents. The first respondent is aware of this suit but failed to respond. This court will not allow any attempt to stall its judgment,” she said.
The judge subsequently dismissed both the preliminary objection and a separate application for joinder, paving the way for the final decision.
In her ruling, Justice Yilwa affirmed that enforcement of the insurance law must be carried out within the bounds of due process, stressing that penalties can only be imposed through a valid court order.
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