Court Restrains NPF, FRSC from Imposing Insurance Penalties

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 A Federal High Court in Abuja on Friday restrained the Nigeria Police Force and the Federal Road Safety Corps from imposing fines and penalties on motorists who breach the Third Party Motor Vehicle Insurance Act without a valid court order.

Delivering judgment, Justice Hauwa Joseph Yilwa held that although the police and the FRSC are empowered to enforce the Act, they lack the authority to penalise defaulting motorists without recourse to the court.

The ruling followed a suit filed by lawyer Deji Adeyanju, challenging the legality of fines imposed on motorists by the agencies.

Before delivering judgment, the court dismissed a preliminary objection filed by the police seeking to halt the proceedings. Counsel to the police, Andrew Victor, had argued that the court lacked jurisdiction and claimed the police were not served with the originating processes.

However, Justice Yilwa rejected the argument, stating that court records showed the police had been duly served on multiple occasions.

She held that the police were aware of the suit but failed to respond, describing the objection as an attempt to frustrate the judgment.

The court subsequently dismissed both the preliminary objection and a motion for joinder, paving the way for the final ruling.

Justice Yilwa emphasised that enforcement of the law must follow due judicial process, stressing that penalties can only be imposed through a valid court order.

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