Judge’s Car Seized as Nigerian Bar Association Battles Police Over Tinted Glass Permit

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-Tensions over the enforcement of the tinted glass permit escalated sharply this week after police officers in Asaba impounded the vehicle of Justice O. A. Ogunbowale of the National Industrial Court.

The Nigerian Bar Association (NBA) described the move as “an embarrassing and avoidable situation,” warning that it underscored the dangers of the controversial policy.

The NBA had earlier declared the permit regime “illegal,” vowing to provide free legal services to any Nigerian harassed by the police over it.

In a statement on Thursday, Chairman of the NBA’s Public Interest Litigation Committee, Olukunle Edun (SAN), said the police had no constitutional authority to impose permit fees or demand annual renewals from motorists.

“We shall invoke the powers of the court to ensure that the Nigeria Police Force 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,” he said.

Edun explained that the association’s Human Rights Committees in 130 branches across the country were ready to offer pro bono legal aid.

He accused the police of using the exercise to generate as much as N3 billion monthly from motorists instead of focusing on crime.

The NBA has already filed a suit before the Federal High Court in Abuja through its Incorporated Trustees, seeking to declare the Motor Vehicles (Prohibition of Tinted Glass) Decree 1991 unconstitutional and to restrain the police from further harassment or extortion.

In an affidavit, NBA’s counsel, Godspower Eroga, alleged that the police planned to divert revenues through private accounts rather than the Treasury Single Account (TSA).

He also pointed out that many modern cars now come with factory-fitted tinted windows, making compliance impractical.

Despite the pending case, police authorities and government officials have defended the enforcement as lawful and necessary for public safety.

 

 

They point to the Motor Vehicles (Prohibition of Tinted Glass) Act (2004) and the earlier decree, which empower the Inspector General of Police to issue permits on health or security grounds.

Force spokesperson, CSP Benjamin Hundeyin, dismissed the NBA’s criticism as misleading and accused the association of casting aspersions on the integrity of the police.

According to him, enforcement is lawful provided motorists apply for permits through the proper channels.

 

 

The police have also urged motorists to use the official POSSAP portal for registration and to remove tinted glass if they do not wish to apply.

At the state level, several commands have begun clampdowns. In Delta State, where Justice Ogunbowale’s car was seized, police announced that 25 vehicles were impounded on the first day of enforcement.

In Enugu, the command warned it would sanction violators using tinted glass, unauthorised sirens, or unregistered vehicles, though it promised professionalism in handling motorists.

 

 

Police authorities have maintained that only a formal court order, not the mere filing of a suit, can halt enforcement.

For the NBA, the Asaba incident involving a sitting judge epitomises the risks of what it calls an unlawful policy.

“The Nigeria Police Force is not a revenue-generating agency of the Federal Government,” the association said, warning that continued enforcement in defiance of the pending suit could further erode public confidence in law enforcement.

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