Emmanuel Noragbon

THE RESUMPTION OF ENFORCEMENT OF THE POLICE UNLAWFUL TINTED GLASS PERMIT POLICY IS A GRAVE AFFRONT TO THE MAJESTY OF THE COURT AND A SUBVERSION OF THE RULE OF LAW A press release dated 15th December 2025, issued by the Force Public Relations Officer, CSP Benjamin Hundeyin, announcing the reactivation of the enforcement of the suspended tinted glass permit policy with effect from 2nd January 2026, has once again confirmed the sad reality that the Nigeria Police Force, despite being the foremost law enforcement agency in Nigeria, continues to exhibit a troubling disregard for the rule of law and the due process it is constitutionally mandated to uphold. The press release not only amounts to executive recklessness but also portrays the Nigeria Police Force and its leadership as lacking in respect for the court, the rule of law, and due process of law. A recap of the events leading up to this moment will provide context for our position. In April 2025, the Inspector General of Police purportedly introduced a policy mandating that citizens annually obtain motor vehicle tinted glass permits through an online platform (possap.gov.ng), with enforcement initially scheduled to begin June 1, 2025, and later postponed to October 2. Reports of harassment, extortion, and civil rights violations, particularly against young people, became widespread. 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 suit questioned, among other things, the lack of constitutional or statutory authority vested in the Nigeria Police Force to levy fees or impose financial obligations on citizens under the guise of enforcing the policy. In challenging the legality and constitutionality of the policy because the NBA contends that the policy is unconstitutional, obnoxious, illegal, extortionate, and a threat to citizens’ rights and economic well-being, the NBA thus contends in the suit that: a.The Motor Tinted Glass (Prohibition) Act of 1991, under which the policy is premised, is a military-era decree that no longer meets the democratic thresholds of justification under Section 45 and other relevant sections of the 1999 Constitution; b.The National Assembly does not have the legislative competence to enact the law; therefore, the same cannot rightly be deemed a law properly made by the National Assembly. c.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. d.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. e.The imposed levy for obtaining and renewal of the permit adds to Nigeria’s ever-increasing layers of taxation, thereby portraying Nigeria as a difficult place to do business. The levy imposed financial burden and hardship on Nigerians struggling with economic hardship. f.The permit policy undermines Nigeria’s tax reforms, which will come into effect in January 2026, in that it will add to the multiplicity of taxes and taxing agencies in Nigeria, as well as the high corporate tax burden on businesses. g.Nigeria imports cars from abroad, and modern vehicles come with factory-fitted tinted glasses, yet the Police discountenance this in the drive to generate revenue for themselves and a few individuals.