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

Delivering judgment on Friday, Justice Hauwa Joseph Yilwa held that while both agencies are empowered to enforce compliance with the law, they lack the authority to unilaterally impose fines on defaulting motorists without recourse to the court.

The ruling followed a suit instituted by human rights lawyer, Deji Adeyanju.

Before delivering judgment, the court dismissed a Notice of Preliminary Objection filed by the police seeking to halt the proceedings.

Counsel to the police, Mr Andrew Victor, had challenged the court’s jurisdiction, arguing that the police were not served with the originating processes and that jurisdictional issues could be raised at any stage before judgment.

However, Justice Yilwa rejected the argument, stating that records before the court clearly showed that all parties were duly served at various dates, including April 3, May 21, November 14 and 17, January 28, and April 21.

“Having listened to submissions of all counsel, this court notes that the originating summons was served on all respondents,” she said, adding that the police were aware of the suit but failed to respond.

She described the objection as an attempt to stall the judgment and subsequently dismissed both the preliminary objection and a related application for joinder.

The court thereafter proceeded to deliver its judgment, affirming that enforcement of the Third Party Motor Vehicle Insurance Act must follow due legal process, including obtaining a court order before any fines or penalties can be imposed on motorists.