NBA threatens contempt action against IG on Tinted Glass policy

By our Reporter

The Nigerian Bar Association,(NBA) has promised to initiate committal proceedings against the Inspector General of Police, Kayode Egbetokun, and the Force Public Relations Officer, CSP Benjamin Hundeyin, over the planned resumption of the suspended motor vehicle tinted glass permit policy.

In a statement signed on Tuesday by NBA President Afam Osigwe, the association said it would commence contempt proceedings should the IGP fail or refuse to heed what it described as a “lawful admonition” to halt the policy.

It also warned that appropriate professional disciplinary action would be taken against any counsel found to have misled the court.

The NBA was reacting to a press release dated December 15, 2025, signed by Hundeyin, announcing the reactivation of enforcement of the tinted glass permit policy effective January 2, 2026.

The association described the move as “a grave affront to the majesty of the court” and a subversion of the rule of law.

It recalled that in April 2025, the IGP introduced a policy requiring motorists to obtain annual tinted glass permits through an online platform, with enforcement initially scheduled for June 1, 2025, and later postponed to October 2.

The association said the policy sparked widespread reports of “harassment, extortion, and civil rights violations, particularly against young people.”

“On September 2, 2025, the Nigerian Bar Association, through its Section on Public Interest and Development Law (NBA-SPIDEL), instituted an action 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 statement read.

The NBA argued that the Motor Tinted Glass (Prohibition) Act of 1991, under which the policy is premised, is a military-era law that does not meet democratic and constitutional standards, that the National Assembly lacks legislative competence to enact it, and that the policy is unconstitutional, illegal, and extortionate.

“The enforcement of the unlawful policy will initiate disorder and extortion, given the Nigeria Police’s long and sordid history of extortion, bribery, harassment, intimidation, and extra-judicial killings.

“The policy is a brazen revenue-generating drive by the Nigeria Police Force, which by law is not a revenue-generating organisation.

“This is particularly worrisome as the fees are paid into the account of a private company,” it argued.

It added that “the court processes were duly served on the Defendants, including the Inspector General of Police, who briefed a Senior Advocate of Nigeria, Chief Ayotunde Ogunleye, SAN, to represent them in the suit.

“Meanwhile, on 3rd October 2025, the Federal High Court, Warri Division, issued an order directing parties to maintain the status quo in Suit No: FHC/WR/CS/103/2025 between John Aikpokpo-Martins v. Inspector General of Police, thereby restraining the Police from enforcing the policy pending the determination of a Motion for Interlocutory Injunction.”

According to the NBA, the IGP had initially suspended enforcement after engaging with the NBA and agreeing to abide by court directives.

The motion for interlocutory injunction, which the NBA-SPIDEL had filed, was struck out on December 12, 2025, based on the IGP’s undertaking in court, Osigwe said.

He said the Police’s announcement to resume enforcement just one day later amounted to “reckless overreach” and a “contemptuous disregard for the authority of the court.”

He urged the IGP to withdraw the statement and halt enforcement pending the final determination of related court actions.

The NBA also directed its branches and the Human Rights Committee to provide legal representation to any Nigerian harassed, arrested, or penalised under the policy.

Citing the Supreme Court’s decision in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, the association warned that disregard for court orders undermines constitutional democracy and the rule of law.

“It is our sincere hope that the Nigeria Police Force will retrace its steps and respect the authority of the courts.

“Should the Inspector General of Police fail or refuse to heed this lawful admonition, the Nigerian Bar Association will commence committal proceedings against the Inspector General of Police, Kayode Egbetokun, and the Force Public Relations Officer, CSP Benjamin Hundeyin, until they purge themselves of contempt.

“Appropriate professional proceedings will also be initiated against any counsel found to have misled the Court,” the lawyer association warned.

It further called on President Bola Tinubu to intervene, stating, “The planned resumption of the policy will not only amount to a slap on the face of the court but also impose unjustified financial hardship on Nigerians.”

On its part, the NPF justified the resumption of the policy, citing escalating security threats, including armed robbery and kidnapping linked to unauthorised tinted vehicles.

CSP Hundeyin clarified that the earlier suspension was voluntary and not court-mandated, and that the policy is intended to protect lives and property.

The force urged motorists to comply by obtaining permits through approved channels, denying any legal restraint on enforcement.

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