Court Restrains Police, FRSC from Fining Motorists Without Court Order

A Federal High Court sitting in Abuja has restrained the Nigeria Police Force and the Federal Road Safety Corps (FRSC) from imposing fines or penalties on motorists alleged to have breached the Third Party Motor Vehicle Insurance Act without a valid court order.

Justice Hauwa Yilwa issued the ruling on Friday, 23 April, following a suit filed by lawyer and activist Deji Adeyanju, challenging the legality of penalties imposed by the agencies on motorists.

In her judgment, the judge held that while both the police and the FRSC are empowered to enforce the provisions of the Act, neither agency has the authority to levy fines or sanctions without judicial approval.

The court consequently barred both agencies from continuing the practice of imposing penalties on defaulting motorists in the absence of a court order.

Prior to delivering her judgment, Justice Yilwa dismissed a preliminary objection raised by counsel to the police, who had sought to challenge the court’s jurisdiction and effectively halt proceedings.

When the matter was called, counsel Andrew Victor argued that the court lacked jurisdiction to hear the case, insisting that such objections could be raised at any stage before judgment. He also claimed that the police had not been properly served with court processes.

However, the judge rejected the argument in a bench ruling, stating that the court record clearly showed evidence of service.

She subsequently proceeded to judgment, reaffirming that although the respondents are responsible for enforcing the Third Party Motor Vehicle Insurance Act, enforcement does not extend to the imposition of fines or penalties without prior authorisation from a competent court.