Tinted glass: Police impound judge’s vehicle, NBA kicks

“However, despite the fact that your good office has been served with advance copies of the Originating Summons and Motion on Notice for injunction, there have been several statements from the Public Relations Department of the Nigeria Police Force particularly authored by the Force Public Relations Officer, CSP Benjamin Hundeyin and some state police commands across the country, suggesting, albeit very worrisomely, that the Nigeria Police Force would proceed to commence enforcement of the tinted glass permit policy tomorrow the 2nd October 2025.

“Kindly permit us to restate the settled and ubiquitous position of the law that a party served with an Originating Process and especially a Motion on Notice for Interlocutory Injunction has a duty imposed on him by law to maintain the status quo ante bellum until the case is determined by the court one way or the other.

“In order words, the party on whom a motion for injunction has been served has a duty to keep the state of things the way they were at the time he was served with the motion in order to not foist a situation of helplessness on the court.”

Continuing, the NBA, which cited several legal authorities, stated: “Having regard to this above position of the law as magisterially laid down by the Supreme Court and Court of Appeal, it is very clear that the pendency of Suit No: FHC/ABJ/CS/1821/2025 should automatically put a stop to the enforcement of the tinted glass permit policy pending the time when the court would arrive at a decision on the questions raised for determination in the Originating Summons, one way or the other.

“Consequently, we admonish your good office to allow the rule of law to prevail by halting any further attempt to enforce a policy whose legality is a subject for judicial determination.

“The NBA is aware of a contemptuous press release issued by the Force Public Relations Officer, CSP Benjamin Hundeyin presenting the Nigeria Police Force as obstinately proceeding with the enforcement of the policy despite the pendency in court of the suit challenging the legality of same.

“We wish to make it clear that the action of Mr. Hundeyin inciting the enforcement of the policy which is subjudice is an egregious act of disregard to and contempt for the majesty of the court.

“The NBA will therefore not hesitate to commence contempt/committal proceedings against CSP Benjamin Hundeyin if he fails to desist from clear utterances meant to downplay the authority of the court in the public domain.

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“Similarly, the Officer-in-Charge of the Directorate of Legal Services AIG Ohiozoba O. Ehiede is advised to offer the proper legal guidance on this issue, which advise must be one that must guide the Nigeria Police Force to uphold the rule of law and not to tamper with the subject matter of the pending suit.

“NBA SPIDEL will not hesitate to commence disciplinary proceedings against him before the Legal Practitioners Disciplinary.Committee (LPDC) in the event that he encourages disrespect to the authority of the court by advising the police to proceed with the enforcement of the policy.

“We hope that your good office will allow reason to prevail and act in accordance with the law by suspending the enforcement of the policy until the court decides the crucial question of its legality,” the letter further read.

Specifically, NBA, in the suit, is praying the court to among other things, determine: “Whether having regards to sections 34(1), 35 (1), 36(1), 37, 41 and 44 of the 1999 Constitution, as amended, the Motor Vehicles (Prohibition & Tinted Glass) Decree 1999 (now Act) and the fundamental rights of Nigerian citizens, the defendants can validly enforce mandatory rregistration, annual renewal, and payment of fees for tinted glass permits.

“Whether the defendants have statutory powers to impose any fees, charges or annual renewal requirements for tinted glass permits in the absence of enabling Act of the National Assembly.

“Whether the defendants have the power to seize, detain or confiscate any vehicle for alleged violation of the Motor Vehicles (Prohibition & Tinted Glass) Decree 1999.”

As well as, “Whether the continued threat of harrassment, arrest and extortion of motorists under the guise of tinted glass permit enforcement, despite possession of valid vehicle licenses, is constitutional, legal, and not ultra vires the powers of the defendants.

Aside from praying the court to declare the action of the police as illegal, NBA, further prayed the court for: “A declaration that motorists who have already been issued tinted glass permits are entitled to rely on them without renewal and further harrassment or compulsion to reapply or pay fees.

“An order striking down the Motor Vehicles (Prohibition & Tinted Glass) Decree 1999 on the ground of material conflict and inconsistencies with tje fundamental rights provisions of Chapter IV of the Constitution of Federal Republic of Nigeria, 1999, as amended.”

Equally, for an order of perpetual injunction restraining the defendants, their officers, agents, or privies from enforcing what it described as “the illegal tinted glass policy against the motoring Nigerian public.”