BY NKECHI NAECHE-ESEZOBOR —The Federal High Court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps cannot fine motorists for violating the Third Party Motor Vehicle Insurance Act without a court order. The court clarified that while both agencies can enforce the law, they lack the authority to impose penalties independently.
The case was brought before the court by human rights lawyer Deji Adeyanju, challenging the powers of the agencies to sanction drivers without judicial approval. Justice Hauwa Joseph Yilwa presided over the matter and delivered the judgment.
Before the final ruling, the police raised a preliminary objection, arguing that the court lacked jurisdiction and that they had not been properly served with court documents. Their counsel, Andrew Victor, insisted that jurisdiction could be challenged at any stage before judgment.
However, the judge dismissed this objection, stating that court records clearly showed the police had been served multiple times. She noted that despite being aware of the case, the police failed to respond, interpreting their action as an attempt to delay the proceedings.
In her final decision, Justice Yilwa rejected the objection and proceeded with the judgment, affirming that although the police and FRSC can enforce the insurance law, they cannot lawfully impose fines or penalties on motorists without obtaining a valid court order.
