*NBA Kicks, Says Earlier Attempt To Secure Injunction Declined By FHC Vacation Judge
*Offers Free Legal Services To Victims
*Outraged Over Impounding Of National Industrial Court Judge’s Vehicle
THE Federal High Court, sitting in Warri, Delta State, has ordered the Nigeria Police Force (NPF) and the Inspector General of Police (IGP), Koyode Egbetokun, to maintain the status quo, in a suit filed by lawyer, John Aikpokpo-Martins, challenging the legality of the new tinted permit enforcement.
Details of the ruling, on suit No: FHC/WR/CS/103/2025: JOHN AIKPOKPO-MARTINS V. INSPECTOR GENERAL OF POLICE (2) NIG. POLICE FORCE, were being awaited.
The Police had earlier revived the tinted permit policy through its digital platform, POSSAP, citing public complaints of harassment of motorists with factory-fitted tints.
Formal enforcement of the policy began in June 2025, after a 30-day grace period, which was later extended twice, first to August and then to September, this year, to allow motorists more time to comply.
The Police have always argued that criminals often exploit vehicles with opaque glass to evade detection.
The Nigeria Bar Association, Section on Public Interest and Development Law (NBA-SPIDEL), NBA-SPIDEL, had expressed outrage that on the very first day of enforcement, Police officers in Asaba, Delta State, impounded the vehicle of a National Industrial Court (NIC) Judge, Justice O. A. Ogunbowale.
NBA-SPIDEL described the action as “an embarrassing and avoidable situation” that underscored its warnings about the dangers of the policy.
It explained that it had made a last-minute attempt to secure an injunction to stop the enforcement, but the Federal High Court’s vacation Judge declined to hear the application, citing procedural limitations.
“A simple order to stay the Police action could have protected the public, and, as it turned out, one of his own colleagues,” the NBA said.
It urged the judiciary to act decisively in matters of urgent public interest, noting: “The judiciary’s authority and integrity are best protected when its members act to prevent chaos, even if it means bending a procedural rule on the ‘last day’ on the bench.”
The NBA has vowed to provide free legal services to Nigerians arrested or whose vehicles are impounded by the Police over what it described as “illegal” tinted glass permit.
The Association, through NBA-SPIDEL, insisted that the Police had no constitutional basis to impose fees or yearly renewals on motorists, warning that enforcement of the policy was both unlawful and a revenue-driven scheme.
In a statement on Thursday, October 2, Chairman of NBA’s Public Interest Litigation Committee, Olukunle Edun (SAN), said: “We shall invoke the powers of the court to ensure that the Nigeria Police Force (NPF) does not trample on the rights of Nigerians.
“Any citizen who is harassed by the Police in the purported enforcement of the illegal tinted glass permit should feel free to contact any of the NBA branches.
“The Human Rights Committees of the 130 branches of the NBA in Nigeria are ready to offer pro bono services to anyone who is harassed.
“It has been estimated that the Police may generate at least N3billion within a month from monies that will be collected, thus turning the Police into a revenue-generating agency of the Federal Government, instead of focusing on the more serious issue of crime.”
Edun stressed that the matter is already in court, accusing the Police of being “lawless” by going ahead with the enforcement.
In a letter to the Inspector General of Police (IGP), Kayode Egbetokun, dated October 2, the NBA reminded the Force of the pending suit- FHC/ABJ/CS/1821/2025- before the Federal High Court, Abuja, challenging the legality and constitutionality of the policy, insisting that the Police have a duty to maintain the status quo ante bellum until the court rules.
The suit, filed by the Incorporated Trustees of the NBA, seeks declarations that the Motor Vehicles (Prohibition of Tinted Glass) Decree 1991 is unconstitutional and inconsistent with the 1999 Constitution, and that motorists cannot be compelled to pay fees or renew permits.
It also seeks an injunction restraining the Police from further arrests, harassment or extortion under the policy.
An affidavit filed by NBA lawyer, Godspower Eroga, alleged that the Police intended to divert funds through a private account, Parkway Projects A/C No. 4001017918, instead of remitting payments into the Treasury Single Account (TSA).
He further argued that the law cited by the Police provides no measurable standard for tinting and is incompatible with modern vehicles that often come with factory-installed tinted windows.
Eroga also noted that successive IGPs had at various times suspended the permit regime, declaring it free, indefinite or unnecessary, adding that senior Police officers themselves use SUVs with heavily-tinted windows, often without permits.
The NBA insisted that the Police cannot impose what amounts to taxation without legislation, as “it is not a revenue-generating agency of the Federal Government.”
With the ruling, implementation of the enforecement will remain suspended until the case is resolved, thereby bring temporary relief to millions of motorists and vehicle owners across the country.
