3rd Party Insurance: Court Bars Police, FRSC From Abitrary Fining Of Motorists

A Federal High Court sitting in Abuja, on Friday, restrained the Nigeria Police Force (NPF) and the Federal Road Safety Corps (FRSC) from imposing fines or penalties on motorists who violate the Third Party Motor Vehicle Insurance Act without recourse to the court.

Delivering judgement, Justice Hauwa Joseph Yilwa held that while both agencies are empowered to enforce compliance with the Act, they do not have the authority to penalise defaulting motorists without a valid court order.

The ruling followed a suit instituted by a public interest lawyer, Barr. Deji Adeyanju.

Before proceeding with the judgement, the court had earlier dismissed a Notice of Preliminary Objection filed by the police, which sought to halt the proceedings.

At the hearing, counsel to the police, Mr Andrew Victor, had challenged the court’s jurisdiction, arguing that the police were not served with the originating processes and that jurisdictional issues can be raised at any stage before judgement.

However, in a bench ruling, Justice Yilwa disagreed, stating 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 further listed multiple dates on which the processes were served on the police, April 3, May 21, November 14, 17, January 28, and April 21, reinforcing that due process had been followed.

While noting the responses filed by the 2nd and 3rd respondents, the judge criticised the police for failing to participate in the proceedings.

“1st respondent (police) is very much aware of the suit but refused to respond, this is viewed as an attempt to arrest this judgement 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 judgement,” the judge held.

In her final ruling, Justice Yilwa affirmed that although the police and FRSC can enforce the provisions of the Third Party Motor Vehicle Insurance Act, they lack the legal backing to impose fines or penalties on offending motorists without first obtaining a court order.