By Gabriel Ameh
The Nigerian Bar Association (NBA) has launched a fierce legal and institutional pushback against the Nigeria Police Force over its decision to resume enforcement of the controversial tinted-glass permit policy, describing the move as unconstitutional, extortion-driven, and a grave affront to the authority of the courts.
At a press conference in Abuja, NBA President, Mazi Afam Osigwe, SAN, condemned the announcement by the Force Public Relations Officer, CSP Benjamin Hundeyin, that enforcement of the policy would resume nationwide from January 2, 2026, despite multiple court actions challenging its legality.
Osigwe said the decision represents a blatant disregard for ongoing judicial proceedings and a violation of solemn undertakings made by the Police before the Federal High Court.
“This action flies directly in the face of the judicial process,” Osigwe declared. “Whether or not there is an injunction, parties before the court especially a law enforcement agency are bound to respect due process and the authority of the court.”
Policy Already Before the Courts
The NBA disclosed that it instituted Suit No: FHC/ABJ/CS/1821/2025 before the Federal High Court, Abuja, through its Section on Public Interest and Development Law (NBA-SPIDEL), challenging the legality and constitutionality of the tinted-glass permit policy.
The association argued that the policy, anchored on the Motor Tinted Glass (Prohibition) Act of 1991, a military-era decree, fails to meet constitutional standards under Nigeria’s democratic framework and unlawfully imposes financial obligations on citizens.
According to the NBA, the policy lacks statutory backing, encourages harassment, and has historically enabled extortion, intimidation, and abuse by law enforcement officers on Nigerian roads.
Court Undertaking Betrayed
Osigwe revealed that following widespread public outrage and court orders directing parties to maintain the status quo, the Inspector-General of Police convened a high-level meeting with senior police officers, legal representatives, and NBA leaders.
At the meeting, it was mutually agreed that enforcement of the policy would be suspended pending the determination of the cases in court. This agreement was formally conveyed to the Federal High Court on December 12, 2025, where the police’s counsel, Chief Ayotunde Ogunleye, SAN, assured the court of compliance, leading to the striking out of an interlocutory application.
The NBA expressed shock that barely one working day later, the police announced a resumption of enforcement.
“This volte-face is reckless, contemptuous, and deeply damaging to institutional integrity,” Osigwe said. “It portrays the Nigeria Police Force as a body that does not respect the rule of law.”
Allegations of Extortion and Revenue Drive
The NBA accused the police of converting the policy into a revenue-generating scheme, a function it says the Nigeria Police Force is neither constitutionally nor statutorily empowered to perform.
Of particular concern, Osigwe noted, is the allegation that permit fees are paid into a private bank account operated by Parkway Projects, rather than the Treasury Single Account (TSA), raising serious transparency and corruption concerns.
“The police is a law enforcement agency, not a revenue-generating body,” he said. “There is no clarity on how the fees were determined, how the money is shared, or what happens to it.”
The association further questioned why previously issued permits were arbitrarily invalidated and motorists compelled to pay again without any legal justification.
Economic Hardship and Festive Season Fears
The NBA warned that enforcement would expose Nigerians—especially travelers during the festive season to harassment and extortion at checkpoints, worsening the burden on citizens already grappling with economic hardship.
“This policy will make life unbearable for Nigerians travelling to see their families,” Osigwe said. “It is calculated to impose further hardship on the people.”
NBA Issues Strong Warning
Reaffirming its commitment to defending citizens’ rights, the NBA directed all its branches and Human Rights Committees nationwide to provide immediate legal representation to any Nigerian harassed, arrested, or prosecuted under the policy.
The association also warned that it would initiate contempt proceedings against the Inspector-General of Police, Kayode Egbetokun, and the Force Public Relations Officer if the directive is not withdrawn.
Osigwe cited the Supreme Court’s decision in Governor of Lagos State v. Ojukwu (1986), stressing that executive actions that undermine the authority of the courts constitute a serious threat to democracy.
Call for Presidential Intervention
The NBA called on President Bola Ahmed Tinubu, as Commander-in-Chief, and the Attorney-General of the Federation to urgently intervene and halt what it described as an unlawful and oppressive policy.
“Enough is enough,” Osigwe said. “The police should focus on protecting lives and property, not making life harder for Nigerians.”
