Ademuyiwa Balikis
The Nigerian Bar Association (NBA), through its Section on Public Interest and Development Law (NBA-SPIDEL), has cautioned the Nigeria Police Force against enforcing the controversial tinted glass permit policy, insisting that the matter is already before the Federal High Court in Abuja.
In a letter signed by Prof. Paul Ananaba, SAN, Chairman of the Interim Management Committee of NBA-SPIDEL, and addressed to the Inspector General of Police, the association reminded the police authorities of the pendency of Suit No: FHC/ABJ/CS/1821/2025 between the Incorporated Trustees of the NBA and the Inspector General of Police & Anor. The suit challenges the legality, constitutionality, and lawfulness of the policy, which was scheduled for enforcement starting October 2, 2025.
The association expressed concern over public statements credited to the Force Public Relations Officer, CSP Benjamin Hundeyin, which suggested that enforcement of the policy would proceed despite the pending case. NBA-SPIDEL described such comments as contemptuous, warning that it would not hesitate to initiate contempt proceedings against CSP Hundeyin should he continue to make pronouncements undermining the authority of the court.
According to the NBA, once a party has been served with an originating process and a motion for interlocutory injunction, the law imposes a duty to maintain the status quo until the case is decided. The body cited judicial precedents, including Okeke-Oba v. Okoye (1994) and Registered Trustees, Apostolic Church v. Olowoleni (1990), to stress that all actions relating to the subject matter must be suspended as a mark of respect for the court.
The association also advised AIG Ohiozoba O. Ehiede, Officer-in-Charge of the Directorate of Legal Services of the Nigeria Police Force, to properly guide the force on the matter. NBA-SPIDEL warned that if the senior officer encourages any form of disrespect to the judiciary, it would commence disciplinary proceedings against him before the Legal Practitioners Disciplinary Committee (LPDC).
“The rule of law and the rule of force are mutually exclusive,” the NBA emphasized, urging the police to allow the judiciary to determine the legality of the tinted glass policy instead of proceeding with enforcement.