The Nigerian Bar Association (NBA) says the Nigeria Police Force’s (NPF) decision to enforce the tinted glass permit policy despite a suit against it is 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 statement released by the police pertaining to the suit.
BACKGROUND
In September, the NBA filed a public interest suit against the police to challenge the legality of the tinted glass permit policy.
The policy, which was initially billed to take off on June 1 before being shifted to October 2, requires motorists to obtain annual permits for tinted glasses through a digital portal (possap.gov.ng).
The legal body argued that the directive violates rights to dignity, privacy, freedom of movement, and property.
The NBA further questioned the legal foundation of the initiative, noting that the police appear to rely on the Motor Tinted Glass (Prohibition) Act, a 1991 military decree, which it said may not satisfy the constitutional test of being “reasonably justifiable in a democratic society”.
Responding to the association, Benjamin Hundeyin, force spokesperson, said NBA’s position was “misleading” and an attempt to “cast aspersions on the image, integrity, and lawful operations of the force”.
Citing section 2(3a) of the Motor Vehicles (Prohibition of Tinted Glass) Act, 2004, Hundeyin said the IGP, or anyone authorised by him, is empowered to issue permits for the use of tinted glass, provided the applicant shows good cause either on health or security grounds.
Recently, some police commands and zones issued statements to remind the public that the enforcement of the tinted glass permit policy would commence on October 2.
THE LETTER
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In the letter, the NBA argued that the police are expected to maintain status quo after being served with copies of the originating summons and motion on notice for injunction of the case.
The body said it is worrisome that some police commands and zones released statements for commencement of the tinted glass permit policy.
The NBA threatened to institute contempt of court proceedings against Hundeyin over his statement on the enforcement of the policy.
“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 the NBA-SPIDEL, Olukunle Edun, chairman of the association’s public interest litigation committee, and Okey Leo Ohagha, the secretary.
