A Federal High Court in Abuja on Friday issued an order restraining the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines and penalties on motorists who breach the Third-Party Motor Vehicle Insurance Act without a valid court order.
Justice H. J. Yilwa made the order while delivering judgment in a suit filed by human rights lawyer Mr Deji Adeyanju.
Justice Yilwa, before delivering her j judgment, dismissed a notice of preliminary objection brought by the police to “arrest the judgment.
When the matter was mentioned, counsel to the police, Mr A. Victor, moved to challenge the court’s jurisdiction to entertain the suit, arguing that jurisdiction is vital to any case and can be challenged at any time before judgment, adding that the police were not served with the charge.
But Justice Yilwa, in a bench ruling, disagreed, 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,” she said, adding 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 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, is hereby refused. Consequently, I shall proceed to deliver judgment.”
The trial judge, in the judgment, held that the police and FRSC, who are the 1st and 3rd respondents in the suit. However, although they have the statutory powers to enforce the Third Party Motor Vehicle Insurance Act, they lack the powers to impose fines and penalties on any motorists in breach of the act without an order of the court.
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