A Federal High Court in Abuja, Friday issued an order restraining the Nigeria Police Force and the Federal Road Safety Corp (FRSC), from imposing fines and penalties against motorists, who breached the Third Party Motor Vehicle Insurance Act, without a valid order of court.
Justice H. J. Yilwa, made the order while delivering judgement in a suit filed by human rights lawyer, Mr. Deji Adeyanju.
Justice Yilwa before delivering her judgement 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 had brought a motion to challenge the court’s jurisdiction to entertain the suit, arguing that jurisdiction is vital to any case and can be brought at any time before judgement, adding that the Police was 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 listing 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, “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 are hereby refused. Consequently I shall proceed to deliver judgment.”
The trial judge in her judgement held that the Police and FRSC, who are 1st and 3rd respondents in the suit, although has the statutory powers to enforce the Third Party Motor Vehicle Insurance Act, it however lacked the powers to impose fines and penalties on any motorists in breach of the Act, without an order of the court.
Alex Enumah
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