The Nigerian Bar Association (NBA) has filed a lawsuit against the Inspector General of Police, Kayode Egbetokun, challenging the legality of the Nigeria Police Force’s tinted glass permit policy.

The lawsuit, instituted on Wednesday, September 2, 2025, before the Federal High Court in Abuja, comes months after the IGP introduced a directive requiring motorists to apply for and renew tinted glass permits annually through a digital platform, for a fee.

In a statement released Friday, the NBA described the policy as unlawful, unconstitutional, and lacking transparency. It also raised concerns that proceeds from the exercise were being paid into a private account rather than the Federation Account.

“Despite the extension of enforcement to October 2, 2025, several motorists have reported harassment and extortion by policemen at checkpoints on the basis of this policy,” the association said, warning that it infringes on citizens’ rights to privacy, freedom of movement, and dignity.

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The NBA also questioned the validity of the Motor Tinted Glass (Prohibition) Act of 1991, a military-era law under which the police has anchored the policy, stressing that it may not meet constitutional tests required in a democratic society.

The action was filed by the NBA’s Section on Public Interest and Development Law (SPIDEL), led by Prof. Paul Ananaba (SAN) and Olukunle Ogheneovo Edun (SAN). The association vowed to pursue the case “to a logical conclusion.”

READ THE FULL STATEMENT BELOW:

THE NIGERIAN BAR ASSOCIATION CHALLENGES THE LEGALITY OF THE POLICE TINTED GLASS PERMIT POLICY OF THE NIGERIA POLICE FORCE

One of the key resolutions of the National Executive Council of the Nigerian Bar Association at its pre-conference NEC meeting held on the 23rd day of August 2025 in Enugu is that the NBA should challenge the legality of the Nigeria Police Force tinted permit policy in court.

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In April 2025, the Inspector General of Police purportedly introduced a policy which mandated members of the Nigerian motoring public to apply for and obtain annual motor tinted glass permits from the Nigeria Police Force for a fee. The Inspector General of Police in the same month purportedly launched a digital portal (http://possap.gov.ng) through which the application for tinted glass permits were to be processed. We are being informed that the portal and the policy are to be managed by a private vendor, and there is no indication that the funds generated from the enforcement of the purported policy will go into the Federation Account.

The Inspector General of Police initially pegged the date of commencement of the enforcement of the Policy to the 1st day of June 2025, but subsequently extended the date to the 2nd day of October 2025.

Despite the fact that the date of commencement of the enforcement of the purported policy has been extended to the 2nd day of October 2025, there have been several reported cases of harassment and extortion of citizens by the Policemen in checkpoint duty on the basis of this same Policy, thus raising serious concerns of threats to and violation of citizens’ fundamental rights to dignity of human person, right to privacy, right to freedom of movement and the right to own movable property guaranteed as by the Constitution of the Federal Republic of Nigeria 1999, as amended.

Furthermore, the introduction and proposed enforcement of the tinted glass permit Policy has raised several other genuine concerns, including the validity of the Motor Tinted Glass (Prohibition) Act (Decree 1991), a military-era law under which the Police has sought refuge. A critical scrutiny of the Act would confirm concerns that the legislation may be unable to satisfy the test of a law reasonably justifiable in a democratic society under Section 45 of the 1999 Constitution as to justify reliance on it to deprive citizens of their rights to privacy and free movement.

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Moreover, the fact that the legislation does not make provision for renewal of tinted glass permits or payment of fees for renewal are serious issues which clearly reveal that the Policy lacks statutory foundation.

Furthermore, that payment for the permit is being made into a private account: PARKWAY PROJECTS Account No: 4001017918 raises serious concerns of transparency surrounding the utilisation of funds realised from the exercise, given that the account is neither domiciled with the Central Bank of Nigeria nor associated with the Treasury Single Account of the Federal Government of Nigeria.

Against the above backdrop, the Nigerian Bar Association, through its Section on Public Interest and Development Law (SPIDEL) has on Wednesday the 2nd September 2025 instituted a public interest action before the Federal High Court, Abuja in Suit No: FHC/ABJ/CS/182/2025 between: The Incorporated Trustees of the Nigerian Bar Association v. The Inspector General of Police & Anor essentially challenging the legality of the tinted glass permit policy.

The NBA-SPIDEL, under the leadership of its Transition Committee Chairman, Prof. Paul Ananaba, SAN and the Section’s Public Interest Litigation Committee, chaired by Mr. Olukunle Ogheneovo Edun, SAN, whose proactive efforts were responsible for the accomplishment of this task, have been directed to pursue this litigation to a logical conclusion.