Rule of Law on Wheels: NBA Declares Police Tinted Permit "Illegal," Vows Free Legal Aid for Harassed Nigerians.

A major constitutional confrontation is brewing on Nigeria’s highways, pitting the nation’s legal custodians against its principal law enforcement agency. The Nigerian Bar Association (NBA) has escalated its challenge against the Nigeria Police Force’s (NPF) controversial tinted glass permit policy, not only dragging the Inspector-General of Police (IGP) to court but also declaring the entire enforcement drive "illegal" and vowing to provide free legal aid to any Nigerian harassed under the directive.

The NBA's stance is unequivocal: the police have no constitutional right to impose fees or mandate annual renewals for the permit, a policy the association brands as an unlawful, revenue-driven scheme that tramples on fundamental human rights.

The Legal War Front: Constitutional Rights vs. Military Decree

The core of the dispute lies in the shaky legal foundation of the police policy. The NPF has sought to justify its reintroduction of the permit—with a newly attached fee of over N14,000—by citing the Motor Vehicles (Prohibition of Tinted Glass) Act of 1991.

The NBA, however, argues that this Act, a vestige of the military regime (Decree No. 6 of 1991), is unconstitutional and fundamentally inconsistent with the fundamental rights guaranteed by the 1999 Constitution. The Bar Association contends that the policy violates citizens’ rights to:

Dignity and Privacy: Compelling motorists to obtain permits for factory-installed or necessary tint.

Freedom of Movement: Using the policy as an excuse for arbitrary stops and extortion.

Property: Infringing on the use of legitimately purchased vehicles.

The NBA’s litigation, filed by its Section on Public Interest and Development Law (SPIDEL) before the Federal High Court in Abuja, seeks a declaration that the 1991 Act is invalid and an injunction to halt the police from further arrests, harassment, or extortion.

Contempt Warning and "Lawless" Enforcement

The legal battle intensified dramatically as the police commenced nationwide enforcement of the permit requirement, disregarding the fact that the matter is currently sub judice (under judicial consideration).

The NBA issued a direct and scathing warning to the IGP, threatening to initiate contempt proceedings against senior police officers, including the Force Public Relations Officer, for actively encouraging enforcement while the matter is before the court.

Olukunle Edun (SAN), Chairman of the NBA’s Public Interest Litigation Committee, did not mince words, accusing the police of being "lawless" and stating that the pendency of the suit should have automatically compelled the force to maintain the status quo ante bellum (the state existing before the legal dispute).

The Bar Association underscored its warning by noting a highly embarrassing incident on the first day of enforcement: a National Industrial Court judge’s vehicle was reportedly impounded in Asaba, Delta State, over the non-possession of the permit—an incident the NBA cited as proof of the policy’s dangerous, chaotic potential.

The Pro Bono Shield for the Citizen

In a powerful demonstration of its commitment to the rule of law, the NBA has activated the Human Rights Committees of its 130 branches across the country, instructing them to offer pro bono (free) legal services to any motorist harassed by police officers enforcing the permit.

The message to the public is clear: Resistance to unlawful enforcement will be backed by the full weight of the legal profession.

Furthermore, the NBA raised serious questions about the transparency and accountability of the revenue generation, alleging that payments for the permit are being directed into a private bank account belonging to a vendor (Parkway Projects) rather than the constitutionally mandated Federation Account or the Treasury Single Account (TSA).

This ongoing legal showdown not only seeks to strike down a highly criticized policy but also serves as a crucial test of Nigeria's democracy, determining whether a vestige of military law can override constitutional freedoms, and whether the Rule of Law prevails over the arbitrary exercise of force.

NBA Sues IGP Over Tinted Glass Permit reports on the initial filing of the public interest lawsuit by the Nigerian Bar Association against the Inspector-General of Police over the controversial policy.