NBA warns IGP over Police plan to resume Tinted Glass Permit Enforcement, writes President Tinubu

NBA warns IGP over Police plan to resume Tinted Glass Permit Enforcement, writes President Tinubu

The Nigerian Bar Association (NBA) has faulted plans by the Nigeria Police Force to resume enforcement of the suspended tinted glass permit policy from January 2, 2026, calling on President Bola Tinubu to intervene and rein in the Inspector General of Police, Kayode Egbetokun.

The association described the proposed enforcement as a direct challenge to the authority of the judiciary, noting that the legality of the policy is currently before the Federal High Court in Abuja.

In a statement signed by its President, Mazi Afam Osigwe, SAN, the NBA disclosed that hearing in the suit challenging the policy has been concluded and that the court has reserved judgment.

It warned that any attempt to proceed with enforcement while the matter is pending would amount to undermining the judicial process.

The NBA stressed that the Inspector General of Police is constitutionally bound to respect the rule of law and avoid actions that could prejudice the outcome of the case.

According to the association, its Section on Public Interest and Development Law (NBA-SPIDEL) had, on September 2, 2025, filed the suit at the Federal High Court, Abuja, under Suit No. FHC/ABJ/CS/1821/2025, titled Incorporated Trustees of the Nigerian Bar Association v. Inspector General of Police & Another.

The suit, the NBA said, challenges the legal basis of the tinted glass permit policy, particularly questioning the absence of any constitutional or statutory authority empowering the police to impose fees or other financial obligations on citizens in the name of enforcing the policy

“In challenging the legality and constitutionality of the policy because the NBA contends that the policy is unconstitutional, obnoxious, illegal, extortionate, and a threat to citizens’ rights and economic well-being, the NBA thus contends in the suit that:

“The Motor Tinted Glass (Prohibition) Act of 1991, under which the policy is premised, is a military-era decree that no longer meets the democratic thresholds of justification under Section 45 and other relevant sections of the 1999 Constitution;

“The National Assembly does not have the legislative competence to enact the law; therefore, the same cannot rightly be deemed a law properly made by the National Assembly.

“The enforcement of the unlawful policy will initiate disorder and extortion, given the Nigeria Police’s long and sordid history of extortion, bribery, harassment, intimidation, and extrajudicial killings.

“The policy is a brazen revenue-generating drive by the Nigeria Police Force, which by law is not a revenue-generating organisation. This is particularly worrisome, as the fees are paid into the account of a private company.

“The imposed levy for obtaining and renewing the permit adds to Nigeria’s ever-increasing layers of taxation, thereby portraying Nigeria as a difficult place to do business. The levy imposed financial burden and hardship on Nigerians struggling with economic hardship.

“The permit policy undermines Nigeria’s tax reforms, which will come into effect in January 2026, in that it will add to the multiplicity of taxes and taxing agencies in Nigeria, as well as the high corporate tax burden on businesses.

“Nigeria imports cars from abroad, and modern vehicles come with factory-fitted tinted glasses, yet the police discountenance this in the drive to generate revenue for themselves and a few individuals.

“The payment proceeds into a private bank account (PARKWAY PROJECTS, Account No: 4001017918) instead of the Treasury Single Account raise serious concerns of transparency and corruption.

“The policy brazenly nullifies already issued permits, and the purported requirement for renewal of the permits has no legal basis,” the NBA stated.

The NBA further stated that the court processes had been properly served on all defendants, including the Inspector General of Police (IGP), who subsequently engaged Senior Advocate of Nigeria, Chief Ayotunde Ogunleye, to represent the police in the case.

The association highlighted that on October 3, 2025, the Warri Division of the Federal High Court issued an order in Suit No: FHC/WR/CS/103/2025, John Aikpokpo-Martins v. Inspector General of Police, directing all parties to maintain the status quo. This order effectively restrained the police from enforcing the tinted glass permit policy while a Motion for Interlocutory Injunction was pending.

The NBA added that this court order, coupled with public outcry over the attempted continuation of the policy’s enforcement, prompted the IGP to convene a meeting with police officials, their legal representatives, and NBA members. During the meeting, it was agreed that enforcement of the policy should be suspended until the outcome of the ongoing legal proceedings.

Given this agreement, the NBA expressed surprise and concern over the recent announcement by Force Public Relations Officer, CSP Benjamin Hundeyin, stating that the enforcement of the suspended tinted glass permit policy would resume on January 2, 2026.

The NBA condemned the move, stating that the announcement underscored the troubling reality that, despite being the primary law enforcement agency in the country, the Nigeria Police Force continues to show a blatant disregard for the rule of law and constitutional due process.

“The press release not only amounts to executive recklessness but also portrays the Nigeria Police Force and its leadership as lacking in respect for the court, the rule of law, and due process of law,” it added.

Consequently, the NBA said it would not hesitate to initiate contempt action against both the IGP and the Force Spokesperson should the planned enforcement of the policy proceed, despite an undertaking it said was made in the open court by counsel to the police.

“Furthermore, in defence of the rights of Nigerians, the NBA hereby directs all NBA Branches and the NBA Human Rights Committee to immediately intervene and provide legal representation to any Nigerian who is harassed, arrested, whose movement is impeded, whose vehicle is impounded, or who is prosecuted by the police on account of the alleged violation of this unlawful tinted glass permit policy. The NBA will not allow citizens to be subjected to intimidation or abuse under a policy currently before the courts.

“Should the Inspector General of Police fail or refuse to heed this lawful admonition, the Nigerian Bar Association will commence committal proceedings against the Inspector General of Police, Kayode Egbetokun, and the Force Public Relations Officer, CSP Benjamin Hundeyin, until they purge themselves of contempt. Appropriate professional proceedings will also be initiated against any counsel found to have misled the court.

“The statement made in open court by Chief Ayotunde Ogunleye, SAN, constituted a judicial undertaking binding on the Defendants. Any contrary executive action amounts to overreaching the Court and undermines the rule of law, as firmly settled by the Supreme Court in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621.

“The Nigerian Bar Association sincerely hopes that the Nigeria Police Force will retrace its steps, respect the authority of the courts, and align its conduct with constitutional democracy and the rule of law.

“We also call on President Bola Ahmed Tinubu to call the Inspector General of Police and the Nigeria Police Force to order, as the planned resumption of the policy will not only amount to a slap in the face of the court but also impose unjustified financial hardship on them,” the statement further read.