The Nigerian Bar Association (NBA) has described the Nigeria Police Force’s (NPF) move to enforce the tinted glass permit policy despite an ongoing court case as unlawful.
In a letter dated October 1 and addressed to the Inspector-General of Police, the NBA’s Section of Public Interest and Development Law (SPIDEL) faulted the police statement on the matter.
Background
In September, the NBA instituted a public interest suit challenging the legality of the tinted glass permit policy.
The policy, which was scheduled to begin on June 1 but later shifted to October 2, requires motorists to obtain annual permits for tinted vehicle glasses through a digital portal (possap.gov.ng).
The association argued that the directive infringes on fundamental rights including dignity, privacy, freedom of movement, and property.
It also questioned the legal foundation of the policy, noting that the police appear to be relying on the Motor Tinted Glass (Prohibition) Act, a 1991 military decree, which, according to the NBA, may not pass the constitutional test of being “reasonably justifiable in a democratic society”.
Responding to the suit, police spokesperson Benjamin Hundeyin dismissed the NBA’s position as “misleading” and an attempt to “cast aspersions on the image, integrity, and lawful operations of the force.”
Hundeyin cited section 2(3a) of the Motor Vehicles (Prohibition of Tinted Glass) Act, 2004, which empowers the Inspector-General of Police, or his delegate, to issue permits for tinted glass where the applicant demonstrates good cause on health or security grounds.
Ahead of the policy’s implementation, some police commands and zones issued public notices reminding motorists that enforcement would begin on October 2.
The Letter
In its letter, the NBA stressed that once the police were served with the originating summons and a motion on notice for injunction, they were legally bound to maintain the status quo.
The body expressed concern that police commands still went ahead to announce enforcement dates, warning that such action undermines the authority of the court.
“Kindly permit us to restate the settled and ubiquitous position of the law that a party served with an Originating Process and especially a Motion on Notice for Interlocutory Injunction has a duty imposed on him by law to maintain the status quo ante bellum until the case is determined by the court one way or the other,” the letter reads.
“In order words, the party on whom a motion for injunction has been served has a duty to keep the state of things the way they were at the time he was served with the motion in order to not foist a situation of helplessness on the court.
“It is very clear that the pendency of SUIT NO: FHC/ABJ/CS/1821/2025 should automatically put a stop to the enforcement of the tinted glass permit policy pending the time when the court would arrive at a decision on the questions raised for determination in the Originating Summons, one way or the other.
“Consequently, we admonish your good office to allow the rule of law to prevail by halting any further attempt to enforce a policy whose legality is a subject for judicial determination.
“The NBA is aware of a contemptuous press release issued by the Force Public Relations Officer, CSP Benjamin Hundeyin presenting the Nigeria Police Force as obstinately proceeding with the enforcement of the policy despite the pendency in court of the suit challenging the legality of same.
“We wish to make it clear that the action of Mr. Hundeyin inciting the enforcement of the policy which is subjudice is an egregious act of disregard to and contempt for the majesty of the court.
“The NBA will therefore not hesitate to commence contempt/committal proceedings against CSP Benjamin Hundeyin if he fails to desist from clear utterances meant to downplay the authority of the court in the public domain.”
The letter was signed by Paul Ananaba, chairman of NBA-SPIDEL; Olukunle Edun, chairman of the public interest litigation committee; and Okey Leo Ohagha, secretary of the committee.