Judicial order halts nationwide enforcement plans
A Delta State High Court sitting in Orerokpe has issued a significant interim injunction restraining the Inspector General of Police (IGP) and the Nigeria Police Force (NPF) from enforcing the controversial tinted glass permit policy.
The ruling, delivered by Justice Joe Egwu, effectively halts the planned resumption of the policy which the police had scheduled to commence nationwide on January 2, 2026. This judicial intervention follows an ex-parte application filed by a human rights activist, Israel Joe, through his lead counsel, Kunle Edun, SAN.
The court order specifically bars the police, their officers, agents, and privies from stopping, harassing, or arresting motorists under the guise of enforcing the permit policy. Justice Egwu emphasized that the order will subsist pending the hearing and determination of the substantive suit. This development has been received with relief by many motorists who have raised concerns over potential harassment during the festive season.
The lawsuit, marked HOR/FHR/M/31/2025, challenges the authority of the police to impose such a policy on citizens without a clear legislative framework. The NPF had recently announced the reactivation of the enforcement, citing a rise in criminal activities involving vehicles with unauthorized tinted windows. However, the court’s decision now puts those plans on hold, requiring the police to maintain the status quo.
Concerns over extortion and private bank accounts
One of the most striking aspects of the court’s ruling is the restriction placed on the use of a private contractor’s account for government business. The court restrained the IGP and the NPF from continuing to use the Parkway Projects Account to conduct any transactions related to the tinted glass permit. This directive addresses long-standing complaints regarding the lack of transparency and the perceived commercialization of police duties.
Critics and legal experts have argued that the police are not a revenue-generating organization and should not be collecting fees into private accounts. The Nigerian Bar Association (NBA) has previously noted that funds generated from such schemes often bypass the Treasury Single Account (TSA). This ruling is seen as a major step toward ensuring that government business is conducted within the bounds of fiscal transparency and accountability.
The plaintiff’s legal team argued that the current system creates an environment ripe for extortion at police checkpoints across the country. They contended that motorists are often subjected to intimidation by officers who use the lack of a digital permit as a pretext for financial demands. By barring the enforcement, the court aims to protect the fundamental rights of citizens to freedom of movement and dignity.
NBA and civil society challenge 1991 military decree
The legal battle over tinted glass permits is rooted in a challenge against the Motor Tinted Glass (Prohibition) Act of 1991. The NBA, under the leadership of its President, Afam Osigwe, SAN, has described the act as a “military-era decree” that fails to meet democratic standards. The association maintains that the 1991 law no longer aligns with the provisions of the 1999 Constitution of Nigeria, as amended.
In a separate suit filed at the Federal High Court in Abuja, the NBA argued that the police lack the legislative competence to levy fees on motorists for tinted permits. They contend that the policy imposes an unjustified financial burden on Nigerians already struggling with economic hardships. The association has called on President Bola Tinubu to intervene and ensure that the police respect the rule of law and judicial processes.
Legal practitioners have pointed out that the 1991 Act was designed during a different era and does not account for modern vehicle manufacturing standards. Many vehicles imported into Nigeria come with factory-fitted tinted glass, making it difficult for owners to comply with the rigid permit requirements. The current litigation seeks to clarify whether the police can legally override these manufacturing realities with executive orders.
Police defend policy as vital for national security
Despite the court order, the Nigeria Police Force has consistently defended the tinted glass permit policy as a necessary tool for crime prevention. The Force Public Relations Officer, Benjamin Hundeyin, stated that the rise in kidnapping and armed robbery has been facilitated by vehicles with unauthorized tinted windows. He argued that the policy is intended to ensure that security agents can identify the occupants of any vehicle on the road.
The police have claimed that the earlier suspension of the enforcement was a voluntary gesture to allow motorists time to regularize their documents. They emphasized that the January 2, 2026 date was intended to heighten public awareness and prepare citizens for full compliance. According to the NPF, the policy remains a legitimate security measure under the country’s existing regulatory framework for road safety.
The IGP has reportedly reiterated that the force remains committed to respecting the judiciary while fulfilling its statutory duties. However, the police maintain that until a final judicial pronouncement declares the policy unlawful, they have a responsibility to regulate vehicle windows for public safety. This clash between security objectives and civil liberties continues to be the focal point of the ongoing legal drama.
Implications for motorists and the rule of law
The decision of the Delta State High Court has immediate implications for thousands of motorists across the federation who were bracing for the January enforcement. For now, drivers with tinted windows can travel without the fear of being arrested or fined specifically for the lack of a new permit. The court has fixed December 24, 2025, for the hearing of the motion on notice, which will determine the next steps in the legal process.
This case is being closely monitored as a test of the independence of the judiciary in checking executive overreach. If the court eventually rules against the NPF, it could set a precedent for how other police policies and fees are challenged in the future. It also highlights the growing role of civil society and the legal profession in advocating for the rights of the common citizen.
As the festive season reaches its peak, the “Detty December” celebrations will proceed without the looming threat of this specific police crackdown. Motorists are, however, advised to remain law-abiding and ensure their vehicle documentation is otherwise in order. The outcome of the December 24 hearing will likely dictate the tone of police-citizen interactions for the early parts of 2026.
