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Court slams brakes on controversial tinted glass policy as police face contempt threats

Published 12 hours ago4 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Court slams brakes on controversial tinted glass policy as police face contempt threats

The Federal High Court in Warri, Delta State, has issued a significant order directing the Nigeria Police Force and its Inspector-General, Kayode Egbetokun, to maintain the status quo in the contentious tinted glass permit case. This ruling, delivered on Friday in the suit FHC/WR/CS/103/2025 between John Aikpokpo-Martins and the Inspector General of Police & Nigeria Police Force, mandates the police to respect judicial processes and desist from enforcing or altering the disputed policy until its legal standing is fully resolved. The court unequivocally warned that any action undermining its authority would be deemed contemptuous, highlighting the gravity of disregarding ongoing legal proceedings.

This judicial directive follows a period of escalating tensions between motorists, legal bodies, and security operatives nationwide regarding the tinted glass permit policy. Just two days prior to the Warri court's order, the Nigerian Bar Association’s Section on Public Interest and Development Law (NBA-SPIDEL) had issued a stern warning to IGP Kayode Egbetokun, accusing the Force of reckless disregard for the rule of law. NBA-SPIDEL criticized the police for insisting on enforcing the controversial policy despite a pending court case challenging its legality and constitutionality.

Adding to the legal challenge, NBA-SPIDEL had previously filed Suit No: FHC/ABJ/CS/1821/2025, titled Incorporated Trustees, Nigerian Bar Association v. Inspector General of Police & Anor, at the Federal High Court, Abuja. This suit specifically seeks to determine the lawfulness of the tinted glass permit policy. According to a letter addressed to the IGP on Wednesday, advance copies of the originating summons and a motion on notice for interlocutory injunction were served on the Police Directorate of Legal Services as far back as September 25, 2025. Despite this notification and the pending litigation, the NBA noted with concern that the Force Public Relations Officer, CSP Benjamin Hundeyin, and several state police commands had made "contemptuous" public statements announcing that enforcement of the policy would commence on October 2, 2025.

NBA-SPIDEL strongly condemned these actions, describing them as an attempt to "foist a situation of helplessness" on the court. The association reiterated that the police cannot take the law into their own hands while a matter is actively under judicial consideration. To underscore their point, NBA-SPIDEL cited relevant case law, reminding the police of the established legal principle: "The general practice is that an application for an order of interlocutory injunction, all activities affecting the res, here the land in dispute, are automatically terminated as a mark of respect to the court before whom the application is pending. Such practice is encouraged by counsel in good chambers consistent with the ethics of the profession." They further referenced the Supreme Court's reinforcement of this principle in the case of Registered Trustees, Apostolic Church v. Olowoleni (1990), where the court upheld the removal of a fence erected on disputed land during ongoing proceedings, emphasizing that the rule of law must prevail over the use of force and lawful resolution through the courts cannot be circumvented by unilateral actions.

In parallel with these legal battles, the Nigeria Police Force in Asaba, Delta State, proceeded with a clampdown on motorists. On Thursday, October 2, 2025, twenty-five vehicles were impounded for operating with tinted glasses without the controversial mandatory permits. This enforcement exercise was part of a renewed statewide effort targeting regulations on tinted vehicle glass, sirens, and number plates. The Delta State Police Command, via its official X account, urged motorists to process their permits through the Police Specialised Services Automation Project (POSSAP) platform or at the state police headquarters to avoid arrest. Commissioner of Police, Abaniwonda Olufemi, assured residents that the enforcement would be conducted professionally and with respect for constitutional rights, aiming to curb road intimidation, strengthen deterrence, and improve public safety.

However, the NBA-SPIDEL’s admonishment to the IGP’s office remains firm, urging a halt to any further attempts to enforce a policy whose legality is a subject of judicial determination. The association has also threatened to commence contempt and committal proceedings against CSP Hundeyin if he continues his public comments inciting the enforcement of the disputed policy. This situation highlights a fundamental conflict between law enforcement's operational mandates and the imperative of upholding judicial authority and the rule of law in Nigeria.

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