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Tuesday, December 16, 2025

NBA tackles IGP over tinted glass permit enforcement; Afam Osigwe laments more hardship

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The Nigerian Bar Association (NBA) has called on President Bola Ahmed Tinubu to “call the Inspector General of Police to order” over the planned resumption of enforcement of the Tinted Glass Permit policy, warning that the move amounts to an affront to the authority of the courts and an undue hardship on Nigerians.

Speaking at a press conference in Abuja, NBA President, Mazi Afam Osigwe, SAN, condemned the announcement by the Nigeria Police Force that enforcement of the suspended policy would resume on January 2, 2026, describing it as unlawful, extortionate and contemptuous of pending court proceedings.

Afam Josiah Osigwe (SAN).

According to Osigwe, “the planned resumption of enforcement is against the grain of an ongoing court case and an understanding reached between the Nigerian Bar Association and the Nigeria Police Force.”

He said the policy, as designed and implemented, was nothing more than a revenue drive. “The Nigeria Police Force is a law enforcement agency. It is not one meant to generate revenue,” Osigwe said.

“It is more worrisome that the implementation of the policy requires that the money be paid into a private account. There is no indication that the policy is being done as a public-private initiative, no indication of transparency, and no explanation as to what happened to the earlier permits issued by the police.”

Questioning the rationale for renewing previously issued permits, the NBA President added: “If, according to the police, this policy is for security reasons, what happened to the validity of the earlier permit granted by the police? Why do you have to renew it? We believe they are setting up members of the police, empowering them on the streets and on the roads to extort money from civilians and harass them.”

Osigwe also faulted the timing of the announced resumption, saying it was calculated to worsen the plight of Nigerians during the festive season. “We believe that the purported notice of resumption is a calculated attempt to make life very difficult for people this festive period,” he said. “By saying enforcement will start from January 2, the police are simply telling Nigerians to rush and get the so-called permit.”

He added that Nigerians were already “groaning under harsh economic conditions, trying to feed their families and travel for the festive season,” yet were now being compelled to “accommodate an extortionate process to obtain this permit.”

IGP Kayode Egbetokun.

Osigwe further questioned why, if the policy was genuine, the permit could not be integrated into routine vehicle documentation. “Why can’t this permit be obtained at the point of renewal of vehicle particulars if there is no other motive behind it?” he asked, describing the entire scheme as riddled with “opacity.”

The NBA President warned that the legality of the policy was already before the Federal High Court, Abuja, where hearing had been concluded and judgment reserved. He frowned at the fact that proceeds from the permit were allegedly being paid into a personal account rather than a government-approved revenue account, describing it as “deeply troubling” and a red flag for corruption.

In a detailed statement, the NBA said the Inspector General of Police had a constitutional duty to respect the judicial process and avoid actions capable of pre-empting the court’s decision. The association recalled that its Section on Public Interest and Development Law (NBA-SPIDEL) instituted an action on September 2, 2025, 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.

The NBA said the suit questioned the lack of constitutional or statutory authority for the police to impose fees on citizens under the guise of enforcement. “The NBA contends that the policy is unconstitutional, obnoxious, illegal, extortionate, and a threat to citizens’ rights and economic well-being,” the statement said.

Among other grounds, the NBA argued that the Motor Tinted Glass (Prohibition) Act of 1991 is a military-era decree that no longer meets democratic standards under the 1999 Constitution; that the National Assembly lacked legislative competence to enact it; and that enforcement would “initiate disorder and extortion, given the police’s long and sordid history of extortion, bribery, harassment, intimidation and extrajudicial killings.”

The association further described the policy as “a brazen revenue-generating drive by the Nigeria Police Force, which by law is not a revenue-generating organisation,” adding that it was “particularly worrisome that the fees are paid into the account of a private company.”

According to the NBA, the levy imposed by the permit “adds to Nigeria’s ever-increasing layers of taxation, portrays Nigeria as a difficult place to do business, and imposes further hardship on Nigerians already struggling economically.” It also warned that the policy undermines tax reforms scheduled to take effect in January 2026 by increasing the multiplicity of taxes and taxing agencies.

The statement noted that modern vehicles are imported with factory-fitted tinted glass, yet “the police discountenance this in their drive to generate revenue for themselves and a few individuals.” It also raised concerns over payments allegedly made into PARKWAY PROJECTS, Account No: 4001017918, instead of the Treasury Single Account, calling it a serious transparency issue.

The NBA recalled that on October 3, the Federal High Court, Warri Division, ordered parties to maintain the status quo in Suit No: FHC/WR/CS/103/2025, John Aikpokpo-Martins v. Inspector General of Police, restraining the police from enforcing the policy pending determination of an interlocutory application.

According to the association, that order, coupled with public outrage, led the IGP to convene a meeting involving police authorities, their counsel and NBA representatives, where it was agreed that enforcement would be suspended pending the outcome of the cases.

The NBA said it was therefore “shocking and disturbing” that the Force Public Relations Officer, CSP Benjamin Hundeyin, announced the reactivation of enforcement from January 2, 2026. “This confirms the sad reality that the Nigeria Police Force continues to exhibit a troubling disregard for the rule of law and due process,” the NBA said, describing the announcement as “executive recklessness.”

Consequently, the NBA warned that it would not hesitate to initiate contempt proceedings against the IGP and the Force Spokesperson if enforcement proceeds. It also directed all NBA branches and its Human Rights Committee to “immediately intervene and provide legal representation to any Nigerian harassed, arrested, impeded, or prosecuted” under the policy.

“Should the Inspector General of Police fail or refuse to heed this lawful admonition, the NBA will commence committal proceedings against the IGP, Kayode Egbetokun, and CSP Benjamin Hundeyin, until they purge themselves of contempt,” the statement said, adding that professional proceedings would also be initiated against any counsel found to have misled the court.

Osigwe emphasised that “the statement made in open court by Chief Ayotunde Ogunleye, SAN, constituted a judicial undertaking binding on the defendants,” warning that any contrary action would amount to overreaching the court, as settled by the Supreme Court in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621.

The NBA concluded by urging restraint. “We sincerely hope 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,” the association said, calling on President Tinubu to intervene “as the planned resumption of the policy will not only be a slap in the face of the court but will also impose unjustified financial hardship on Nigerians.”

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