Major Win: Courts Bar Police From Enforcing Tinted Glass Permit Policy Nationwide

Published 11 hours ago5 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Major Win: Courts Bar Police From Enforcing Tinted Glass Permit Policy Nationwide

The Delta State High Court, sitting in Orerokpe, has delivered a significant ruling by issuing an interim injunction that effectively restrains the Inspector General of Police (IGP) and the Nigeria Police Force from resuming the nationwide enforcement of the tinted glass permit policy. This crucial order, granted on Wednesday, December 17, 2025, by Justice Joe Egwu, comes ahead of the police's planned resumption of the controversial policy on January 2, 2026.

The injunction was issued following a motion ex parte filed in suit HOR/FHR/M/31/2025 by Mr. Isreal Joe against the IGP, the Nigeria Police Force, and the Commissioner of Police, Delta State Command. Mr. Joe, represented by a legal team led by Kunle Edun (SAN) and other lawyers including Ikechukwu Ogbonna Esq., E.O. Onoriode Esq., S.C. Okporgu Esq., T.L. Doigboghie Esq., A.H. Okifo Esq., Sir F.O. Yekovie, and J.K. Ezugwu Esq., sought orders to halt the policy's implementation and to protect citizens' rights. The court granted all prayers, explicitly barring the respondents from “implementing, enforcing or further implementing” the tinted glass permit policy pending the hearing and determination of the substantive application filed in the suit.

Beyond merely stopping enforcement, Justice Egwu's order also prohibits the police from stopping, harassing, arresting, detaining, extorting, or otherwise interfering with the constitutional rights of the applicant and other citizens and motorists under the guise of enforcing the tinted glass permit policy. The rights specifically cited include the dignity of the human person, privacy, freedom of movement, and the right to own property. Furthermore, the court restrained the respondents from continuing to use the Parkway Projects account, described in the application as a private account, to conduct any government business pending the determination of the substantive suit. An order for substituted service on the first and second respondents through the Commissioner of Police, Delta State Command, at the police headquarters in Asaba, was also granted, ensuring proper notification. The court ordered that the motion ex parte dated and filed on December 17, 2025, be granted as prayed.

This ruling reignites a protracted dispute between the Nigeria Police and the Nigerian Bar Association (NBA), which has consistently maintained that the matter remains sub judice and warned that enforcement could constitute contempt of court. The NBA had previously filed a suit (FHC/ABJ/CS/1821/2025) at the Federal High Court, Abuja, challenging the constitutionality of the policy, where a judgment had been reserved following the conclusion of hearings. The association also cited a Federal High Court order in Warri directing parties to maintain the status quo pending an interlocutory injunction. NBA President Mazi Afam Osigwe, SAN, accused the police of disregarding the rule of law and urged President Bola Tinubu to intervene, stating that “Any contrary executive action amounts to overreaching the Court and undermines the rule of law.” The NBA also directed its branches and the NBA Human Rights Committee to provide legal support to any motorist harassed or prosecuted over the policy.

Prior to this Delta State High Court injunction, the police, through Force Public Relations Officer CSP Benjamin Hundeyin, had insisted that no specific court order barred their enforcement efforts. Hundeyin defended the planned resumption on grounds of public security, citing a rise in crimes facilitated by vehicles with unauthorised tinted glass, including incidents of armed robbery and kidnapping. He had stated that the Inspector-General of Police's temporary suspension of enforcement was a discretionary move to accommodate public concerns, not a response to a court order. However, the NBA had swiftly condemned the police's December 15 announcement to resume enforcement as “a reckless overreach” and “a serious assault on institutional integrity,” warning of potential committal proceedings against the IGP and the Force spokesperson. The police, however, maintained that enforcement would continue until directed otherwise by a court, highlighting recent incidents in which occupants of vehicles with tinted glass allegedly attacked officers.

The tinted glass permit policy, originally introduced by the IGP in April, required motorists to obtain annual permits via an online platform. Its enforcement was initially scheduled for June 1, then postponed to August 12, and further extended to October 2. Many Nigerians had criticized the policy for its potential to enable harassment, extortion, and civil rights violations by police officers, while the NBA argued it was based on an outdated Motor Tinted Glass (Prohibition) Act of 1991, lacked statutory authority to impose fees, and placed unnecessary financial burdens on citizens, especially those with factory-fitted tinted glass. After an earlier meeting with the NBA led by its President, Afam Osigwe, SAN, the police had announced a suspension of the policy on October 9, only to reverse course on December 15 with the announcement of the January 2, 2026, resumption.

With the Delta State High Court's interim order, the Nigeria Police is now legally barred from implementing or enforcing the tinted glass permit policy nationwide, at least until the substantive legal challenges to its constitutionality are heard and determined. The hearing of the motion on notice has been fixed for December 24, 2025, indicating that the legal battle surrounding this contentious policy is far from over.

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