Reports

“Tinted Glass Act Is An Act Of The National Assembly, Not A Military Decree” — Police Tell NBA, Say Osigwe Misrepresented Legal Foundation Of Policy

The Nigeria Police Force has issued a detailed response to recent public commentary attributed to the President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, concerning the Motor Vehicle Tinted Glass Permit Policy.

In a press statement, the Force said it found it necessary to place the facts on record, correct material misrepresentations, and reaffirm its unwavering commitment to the rule of law, public safety, and judicial authority.

The Nigeria Police Force stated that at all times, it remains a law-abiding institution operating strictly within the framework of the Constitution of the Federal Republic of Nigeria, extant statutes, and valid orders of courts of competent jurisdiction.

Under the leadership of the Inspector-General of Police, Kayode Adeolu Egbetokun, PhD, NPM, the Force said it has neither acted nor intends to act in contempt of court.

“Respect for the judiciary and adherence to due process remain non-negotiable pillars of police governance and command responsibility,” the statement read.

The Force clarified that the regulation of vehicle tinted glass is not a discretionary or arbitrary policy as allegedly put by the President of NBA.

“It is firmly grounded in law. The Motor Vehicles (Prohibition of Tinted Glass) Act, Laws of the Federation (LFN), 2004 is an Act of the National Assembly and NOT a military decree as misrepresented by the President of NBA,” the statement emphasized.

According to the police, Section 2(3)(a) of the Act vests the Inspector-General of Police with statutory authority to issue permits, while Section 1(2) of the same Act requires applicants to establish legitimate security or health-related justification.

The Force said this framework exists primarily to address public safety concerns, particularly the use of obscured vehicles in the commission of crimes such as kidnapping, armed robbery, terrorism, and other violent crimes.

The Nigeria Police Force stated that it is incorrect and misleading to portray the policy as a revenue-driven initiative.

“The Nigeria Police Force is not a revenue-generating organisation. Nonetheless, the Force is empowered by law to receive funds that accrue incidentally in the discharge of its statutory functions,” it stated.

The Force cited Section 26(1)(f) of the Police Act, 2020 (as amended), which it said expressly recognises this authority, adding that “this legal position is neither novel nor controversial.”

The statement disclosed that in balancing accessibility for legitimate applicants with the imperatives of national security and operational sustainability, the Federal Government approved the Police Specialized Services Automation Project, which received due approval of the Federal Executive Council (FEC) in July 2022.

Under this automated framework, the Force explained, applications for tinted glass permits are processed online, subjected to security vetting, and approved strictly in accordance with law.

Under this automated framework, the Force explained, applications for tinted glass permits are processed online, subjected to security vetting, and approved strictly in accordance with law.

“Administrative fees paid by applicants are applied solely towards sustaining the technology infrastructure, data security systems, and workflow architecture supporting the process. They do not constitute revenue generation by the Nigeria Police Force,” the statement clarified.

The Police statement comes amid ongoing controversy over the enforcement of tinted glass permit regulations, with the Nigerian Bar Association and other stakeholders raising concerns about the policy’s implementation.

The NBA had previously threatened contempt proceedings against the Inspector-General of Police over the enforcement, arguing that court orders exist restraining such enforcement.

However, the Police Force, through this statement, has sought to clarify the legal foundation of the policy and defend its position that it is operating within the bounds of the law.