Tinted glass permit enforcement: NBA, Police disagree

The Nigerian Bar Association, NBA, and the Nigerian Police Force, NPF, have disagreed over the fresh notice issued by the police on Monday, hinting of its plan to resume the enforcement of the suspended tinted glass permit policy from January 2, 2026.

While the NBA has urged President Bola Tinubu to call the the Inspector General of Police, Kayode Egbetokun, to order, describing his action as an affront on the authority of court, the police said at no no point did any court restrain the Police from enforcement of tinted glass permit, noting that the Police would implement the enforcement order until a court directs otherwise.

Recall, however, that a Federal High Court sitting in Warri, Delta State, had on October 7, issued an interim injunction restraining the IGP, and the NPF, from implementing or enforcing the tinted glass permit policy, earlier slated to commence on October 6, 2025.

The order followed a motion by John Aikpokpo-Martins, who sought to stop the police from proceeding with the enforcement of the policy, which he described as unlawful and burdensome to citizens.

Delivering the ruling, Justice H Nganjiwa restrained the defendants, the IGP and the NPF, including their officers, agents, or contractors, from enforcing or further implementing the tinted glass permit policy pending the hearing and determination of the substantive motion before the court.

Also, another case on the same subject matter is before another Federal High Court, Abuja and the matter has been adjourned for judgment.

NBA in a statement by its President, Mazi Afam Osigwe, SAN, maintained that the IGP has a constitutional obligation to respect the judicial process and refrain from any action capable of pre-empting or undermining the Court’s decision.

According to the NBA, its Section on Public Interest and Development Law (NBA-SPIDEL), had on September 2, 2025, instituted an action before the Federal High Court, Abuja, in Suit No: FHC/ABJ/CS/1821/2025, between Incorporated Trustees of the NBA v. IGP & Anor, challenging the legality of the Tinted Glass Permit 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 extra-judicial 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 renewal of 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 raises 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 added that on October 3, the Warri Division of the court issued an order directing parties to maintain the status quo in Suit No: FHC/WR/CS/103/2025, between John Aikpokpo-Martins v. IGP, thereby restraining the Police from enforcing the policy pending the determination of a motion for interlocutory injunction.

It said the court order and public outrage that trailed the attempted continuation of enforcement of the policy, led the IGP to convene a meeting that involved police authorities, their lawyer and representatives of the NBA.

It, therefore, wondered why the Force Public Relations Officer, Benjamin Hundeyin, on Monday, announced the reactivation of the enforcement of the suspended tinted glass permit policy with effect from January 2, 2026.

“We also call on President Bola Tinubu to call the IGP and the NPF to order, as the planned resumption of the policy will not only amount to a slap on the face of the court but also impose unjustified financial hardship on them,” he added.

But Force Public Relations Officer, Hundeyin has said no court restrained the Police from enforcement tinted glass permit, noting the the Police will implement the enforcement order until a court directs otherwise.

He said the non enforcement of the tinted glass permit order has been capitalised by criminal elements, including kidnappers citing an instance when a tinted Lexus SUV, stopped by the Police in Edo State, refused to stop, was chased to corner, only for the occupants who could not be seen to open fire, killing a Police Inspector on the spot and injuring other policemen.

The Force PRO, who briefed newsmen on the arrest of criminal suspects, gun runners and drug curriers arrested by officers of the Intelligence Response Team, IRT, disclosed that people including the NBA were misunderstanding the initial suspension of the enforcement by the IGP’.

According to him, ‘The IGP’ out of understanding and respect for the NBA, suspended the enforcement to give Nigerians room and more time to regularise their tinted glass registration.

Acknowledging the the issue is still in court, the FPRO said, the court processes is dragging and slow, noting that until the court rules in the matter and orders otherwise, the enforcement will continue.

“The status-quo has always been to continue with the enforcement. When IGP Egbetokun met with NBA, he used the occasion to listen, showed understanding and made the suspension to give Nigerians more time/room to regularise their registration.

“But in that period, people, suspected criminals are now using tinted glass to perpetrate crime like what happened in Edo State.”

Told that the NBA is planning to sue the IGP’ for contempt of court over the enforcement directive, Hundeyin said, the legal department of the NPF would handle the matter when that happens, insisting, “No court ever restrained the IGP’ or the NPF from enforcing the tinted permit order.”