Justice Hauwa Yilwa of the Federal High Court in Abuja has issued a landmark ruling barring the Nigeria Police Force (NPF) and the Federal Road Safety Corps (FRSC) from imposing fines or penalties on motorists for violations of the Third Party Motor Vehicle Insurance Act.
The suit was initiated by lawyer and activist Deji Adeyanju, who sought to challenge the practice of law enforcement agencies imposing fines without judicial oversight.
In her judgment delivered on Friday, April 23, Justice Yilwa explicitly prohibited the police and FRSC from levying fines on defaulting motorists unless a valid court order is obtained. The judge dismissed a preliminary objection raised by the police, which sought to halt the proceedings.
During the hearing, counsel for the police, Andrew Victor, argued that the court lacked jurisdiction to hear the case and that the police had not been properly served with court documents. However, Justice Yilwa rejected these claims, stating that court records clearly showed evidence of service on multiple dates, including April 3, May 21, November 14 and 17, January 28, and April 21.
The judge further noted that the police had been aware of the suit but chose not to respond, describing this as an attempt to obstruct the judgment. She stated, “The motion of preliminary objection is hereby refused. Consequently, I shall proceed to deliver judgment.”
In her final ruling, Justice Yilwa held that while the police and FRSC are empowered to enforce the Third Party Motor Vehicle Insurance Act, they lack the authority to impose fines or penalties without a valid court order. The decision reinforces the principle that only courts can determine penalties for such breaches, ensuring due process is followed.
