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.
“Having listened to submissions of all counsel, this court notes that the originating summons was served on all respondents,” the judge held and added that her record shows the suit was served on the police on April 3, May 21, November 14, 17, January 28, and April 21
While also listing the dates that the 2nd and 3rd respondents filed their respective replies, she said, “The 1st respondent (police) is very much aware of the suit but refused to respond, this is viewed as an attempt to arrest this judgment 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 judgment.”
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.
