Justice Hauwa Yilwa of the Federal High Court Abuja has issued an order of perpetual injunction restraining the police and Federal Road Safety Corps (FRSC) from imposing or requesting fines from motorists over non-possession of third-party motor insurance, CHANNELS TV reported yesterday.
Delivering judgment, Justice Yilwa, held that only a court of competent jurisdiction had the right to sanction errant motorists.
However, the court declined to declare that both the police and the FRSC lacked the statutory powers to enforce third-party motor vehicle insurance throughout the federation.
The judgment followed a suit lodged before the court by human rights lawyer Deji Adeyanju.
Aside from the Inspector General of Police and the FRSC, the Attorney-General of the Federation was also listed as a defendant in the matter.
The plaintiff, in the suit specifically prayed the court to determine “whether, by virtue of the provisions of section 17 of the Motor Vehicles (Third Party Insurance) Act, 1950, the first Respondent (IGP) and its officers had the powers to enforce third-party insurance.
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