… says police exhibiting troubling disregard for rule of law
By Ikechukwu Nnochiri, ABUJA
The Nigerian Bar Association (NBA) has urged President Bola Tinubu to call the Inspector General of Police, Kayode Egbetokun, to order, describing the planned resumption of enforcement of the suspended tinted glass permit policy from January 2, 2026, as an affront to the authority of the court.
NBA, which is the umbrella body of lawyers in the country, in a statement that was signed by its president, Mazi Afam Osigwe, SAN, warned that issues surrounding the legality of the policy are currently a subject of litigation before the Federal High Court in Abuja, for which hearing had been concluded and judgement reserved.
It 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 Nigerian Bar Association v. Inspector General of Police & Anor, challenging the legality of the Tinted Glass Permit Policy.
It noted that the suit had, among other things, questioned the lack of constitutional or statutory authority vested in the Nigeria Police Force to levy fees or impose financial obligations on citizens under the guise 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.
It noted that the court processes were duly served on the defendants, including the IGP, who briefed a Senior Advocate of Nigeria, Chief Ayotunde Ogunleye, to represent them in the suit.
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. Inspector General of Police, 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.
The legal body disclosed that it was agreed at the meeting that enforcement of the policy should be suspended to await the outcome of cases pending in court.
It, therefore, wondered why the Force Public Relations Officer, CSP Benjamin Hundeyin, on Monday, announced the reactivation of the enforcement of the suspended tinted glass permit policy with effect from January 2, 2026.
The NBA said the announcement “confirmed the sad reality that the Nigeria Police Force, despite being the foremost law enforcement agency in Nigeria, continues to exhibit a troubling disregard for the rule of law and the due process it is constitutionally mandated to uphold.”
“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.
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