Court delivers major ruling that could change how motorists are penalised

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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 violate the Third Party Motor Vehicle Insurance Act.

Justice Hauwa Joseph Yilwa, delivering judgment on Friday, ruled that both the police and the FRSC cannot penalise defaulting motorists without obtaining a valid court order.

The ruling followed a suit instituted by lawyer Deji Adeyanju.

Before delivering her judgment, Justice Yilwa dismissed a Notice of Preliminary Objection filed by the police aimed at “arrest the judgment”.

At the hearing, counsel to the police, Mr Andrew Victor, presented a motion challenging the court’s jurisdiction to hear the case.

He contended that jurisdiction is fundamental in any legal matter and can be raised at any stage before judgment, further claiming that the police had not been served with the court processes.

However, in a bench ruling, Justice Yilwa disagreed, stating that evidence of service was clearly reflected in the court’s records.

“Having listened to submissions of all counsel, this court notes that the originating summons was served on all respondents,” she said, adding that records indicated the suit was served on the police on April 3, May 21, November 14, 17, January 28, and April 21.

While also outlining the dates when the 2nd and 3rd respondents submitted their responses, she said, “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.”

In her final decision, the trial judge held that although the police and FRSC, listed as the 1st and 3rd respondents, have the authority to enforce the Third Party Motor Vehicle Insurance Act, they do not possess the power to impose fines or penalties on motorists who breach the law without a court order.

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