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The Nigeria Police Force has dismissed reports that a Delta State court issued a restraining order against the enforcement of the motor vehicle tinted glass permit policy, while also pushing back against comments attributed to the President of the Nigerian Bar Association, Afam Osigwe, which it described as misleading and legally inaccurate.
In a statement by the Force Public Relations Officer, CSP Benjamin Hundeyin, the Police said no court of competent jurisdiction has barred it from enforcing the policy.
It disclosed that an application for interim injunction was earlier refused by a Federal High Court sitting in Warri and insisted that it has not been served with any restraining order from any Delta State court.
The Force said it only became aware through media reports of claims that a fresh suit was allegedly filed at the High Court of Delta State, Orerokpe Division, by a Senior Advocate of Nigeria, Mr Olukunle Edun.
It stressed that no court processes have been served on the Police in relation to the alleged suit and that, upon service, it would study the matter with its legal advisers and respond strictly in accordance with the law.
The Police also addressed public statements credited to the NBA president, accusing him of misrepresenting the legal basis of the tinted glass policy and creating the false impression that the Force was acting in defiance of court orders.
The Police insisted that it remains a law abiding institution operating strictly within the Constitution and extant laws, and that it has neither acted nor intends to act in contempt of court.
According to the statement, the regulation of tinted vehicle glass is anchored on the Motor Vehicles Prohibition of Tinted Glass Act, Laws of the Federation of Nigeria 2004, which it emphasised is an Act of the National Assembly and not a military decree.
The law, the Police said, vests statutory authority in the Inspector General of Police to issue permits, subject to applicants establishing legitimate security or health related justification.
The Force also rejected suggestions that the policy is revenue driven, stressing that it is not a revenue generating agency. It explained that administrative fees associated with the automated tinted glass permit system are applied solely to maintaining the technology, security and data infrastructure supporting the process.
Claims that payments are made into private accounts were described as false, with the Police clarifying that the payment platform involved is a Central Bank of Nigeria licensed service provider used to route funds into designated government channels.
The Police further argued that indiscriminate use of heavily tinted vehicles has undermined traffic surveillance and aided crimes such as kidnapping, armed robbery and terrorism, making regulation unavoidable in the current security climate.
It said the earlier suspension of enforcement followed engagements with the NBA and public appeals and was an act of institutional restraint rather than the result of any judicial restraint.
While noting that some matters remain before the courts, including a suit in which judgment has been reserved, the Force said it would not take any step capable of undermining judicial outcomes.
It nevertheless warned that the security of the wider population cannot be sacrificed to protect the narrow interests of a few motorists under the guise of public advocacy.
The Police assured Nigerians that enforcement of the policy, where lawfully undertaken, would be professional, measured and respectful of fundamental rights, adding that any officer found guilty of extortion, harassment or abuse of authority would face severe disciplinary sanctions.
It also called for calm and responsible public discourse as the courts determine the outstanding legal issues.
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