The Federal High Court in Abuja has issued an order of perpetual injunction restraining the Nigerian Police Force and the Federal Road Safety Corps from imposing or requesting fines from motorists over non-possession of third-party motor insurance.
Delivering judgment on Friday, Justice Hauwa Yilwa held that only a court of competent jurisdiction has the right to sanction errant motorists.
However, the court declined to declare that both the police and the FRSC lacked the statutory powers to enforce third-party motor vehicle insurance throughout the federation.
The judgment followed a suit lodged by human rights lawyer Deji Adeyanju, who had the Inspector General of Police, the FRSC, and the Attorney-General of the Federation as defendants.
The plaintiff had sought a declaration that the police lack the powers to enforce third-party motor insurance, and an order restraining the respondents from imposing fines on motorists without a court order.
Although the court granted the reliefs in part, it validated the powers of both the police and the FRSC to enforce the policy without imposing fines on motorists.
Before the judgment was delivered, the court dismissed a preliminary objection filed by the police, which had contended that the court lacked jurisdiction. Justice Yilwa held that the objection smacked of a deliberate attempt to arrest the scheduled judgment.
Reacting to the judgment, the police, through their lawyer, said they would take the matter to the Court of Appeal.
The plaintiff had told the court that the police declared motorists without third-party insurance would pay as much as a ₦250,000 fine, arguing that allowing the police to enforce the action would cause hardship and amount to illegality. The FRSC did not oppose the reliefs sought by the plaintiff.
