The Nigerian Bar Association (NBA) has called on President Bola Ahmed Tinubu to intervene and direct the Inspector General of Police (IGP), Kayode Egbetokun, to halt the planned resumption of enforcement of the tinted glass permit policy, describing the move as a violation of the rule of law and an affront to the authority of the court.
In a statement signed by its President, Mazi Afam Osigwe, SAN, the NBA condemned the announcement by the Nigeria Police Force that enforcement of the suspended policy would resume on January 2, 2026, despite the fact that the legality of the policy is currently before the Federal High Court, Abuja, with judgment already reserved.
The association stressed that once a matter is sub judice, all parties, particularly state institutions, are constitutionally bound to refrain from actions capable of undermining or pre-empting the outcome of judicial proceedings. According to the NBA, the IGP has a duty to respect the judicial process and uphold the sanctity of the courts.
The NBA recalled that its Section on Public Interest and Development Law (NBA-SPIDEL) instituted Suit No: FHC/ABJ/CS/1821/2025, Incorporated Trustees of the Nigerian Bar Association v. Inspector General of Police & Anor, challenging the legality and constitutionality of the tinted glass permit policy. The suit questions, among other issues, the authority of the Nigeria Police Force to impose fees or financial obligations on citizens under the guise of enforcing the policy.
The association argued that the Motor Tinted Glass (Prohibition) Act of 1991, upon which the policy is based, is a military-era decree that no longer meets constitutional standards in a democratic setting. It further contended that the enforcement of the policy would promote extortion, harassment and abuse of citizens, citing the long-standing concerns about police conduct at checkpoints.
The NBA also raised objections to the payment structure of the permit, noting that proceeds are reportedly paid into a private bank account rather than the Treasury Single Account, thereby raising transparency and accountability concerns. It added that the policy imposes an additional financial burden on Nigerians at a time of widespread economic hardship and undermines ongoing tax reforms scheduled to take effect in January 2026.
Beyond the Abuja case, the NBA referenced an order of the Federal High Court, Warri Division, directing parties to maintain the status quo in a related suit restraining the police from enforcing the policy pending the determination of an interlocutory application. According to the association, these developments led to an earlier agreement between the police and the NBA to suspend enforcement until the courts determine the issues.
The association expressed disappointment that, despite this understanding and undertakings allegedly made in open court by counsel to the police, the Force Public Relations Officer announced the reactivation of enforcement. The NBA described the announcement as executive recklessness and evidence of a troubling disregard for due process.
Consequently, the NBA warned that it would not hesitate to initiate contempt proceedings against the IGP and the Force spokesperson should enforcement proceed in defiance of pending court actions. It also directed all NBA branches and its Human Rights Committee to provide legal assistance to any citizen harassed, arrested or prosecuted under the policy while the matter remains before the courts.
The association cited the Supreme Court’s decision in Governor of Lagos State v. Ojukwu as authority for the principle that executive actions must not undermine judicial authority, reiterating that any act contrary to undertakings given in court amounts to contempt.
The NBA concluded by urging President Tinubu to call the IGP to order in the interest of constitutional democracy, respect for the rule of law, and the protection of citizens from unlawful enforcement measures.
