The October 2. 2025 is here and the Inspector-General of Police (IGP)’s executory regulations on the Motor Vehicles (Prohibition of Tinted Glass) Act 2004 for vehicle tinted permits in Nigeria is about to come to effect.
The IGP directive requires all vehicle owners with tinted windows to obtain an annual permit through the digital Police Specialized Services Automation Portal (POSSAP) possap.gov.ng, effective October 2nd, 2025. The policy, solely premised upon the Motor Vehicles (Prohibition of Tinted Glass) Act 2004, aims to enhance security by regulating tinted glass, which can be used for criminal purposes. Permits are to be granted for security or medical reasons, with a processing/ annual fee of N14,200.
Aside the Motor Vehicles (Prohibition of Tinted Glass) Act 2004, the National Road Traffic Regulations in Regulation 66(2) also stated that all vehicle glass must be clear and transparent, allowing visibility of people inside, unless approved by the Inspector-General of Police for security reasons. Though the IGP’s Regulations is not based on the NRTR.
This latest decision has been received with mix feelings by Nigerians, corporate bodies and others. Notable among them is the Nigeria Bar Association (NBA), which has instituted a case against the Inspector-General of Police (IGP) at a Federal Court, Abuja, canvassing that the IGP’s directive is unconstitutional.
In this paper, I shall be analysing the law upon which the regulation is based section by section, to show the exact operatability of the law, how it is being adhered to, and how it should be adhered to by both the executing authority- the IGP or anyone he has delegated such power and the vehicles owners.
Motor Vehicles (Prohibition of Tinted Glass) Act, CAP. M21, LFN, 2004.
Section 1(1)
Except with the permission of the appropriate authority designated for the purposes of this Act and for such good cause as may be determined from time to time by the appropriate authority, no person shall cause any glass fitted on a motor vehicle to be-
(a) tinted ; or
(b) shaded ; or
(c) coloured lightly or thickly
(d) darkened ; or
(e) treated in any other way, so that the persons or objects in the motor vehicle are rendered obscure or invisible.
Analysis: This subsection addresses only vehicle owners, their relatives and tinted glass artisans involved in manual tinting, etc of motor vehicles without the permit granted by the IGP for security or medical reasons. No vehicle owner, the relatives or tinted glass artisan can tint, shade, colour lightly or thickly, darken or treated his/her vehicle or that of client in a way that the persons or objects in the motor vehicle are not properly seen/identified or invisible.
Subsection (2)
In this section, “good cause” means health or security reasons.
Analysis
The only good cause upon which the IGP is legally permitted to give permission to do any of the above is as stipulated by this subsection, i.e either health or security reasons. Any permission outside these two will be illegal.
Section 2(1)
Notwithstanding anything to the contrary contained in any law or enactment, any person who without the permission of the appropriate authority-
(a) causes any glass fitted on a motor vehicle to be treated in any manner specified in section 1(1) of this Act;
(b) does or omits to do any act for the purpose of enabling or aiding another person to tint, shade, colour, darken, or treat in any other way any glass fitted on a motor vehicle in any manner specified in section 1(1) of this Act;
(c) aids another person in tinting, shading, colouring, darkening or treating in any other way any glass fitted on a motor vehicle in any manner specified in section 1(1) of this Act ; or
(d) counsels or procures any other person to tint, shade, colour, darken or treat in any other way, any glass fitted on a motor vehicle, commits an offence under this Act and shall be punished in the manner set out in this Act.
Analysis
The expression “Notwithstanding anything to the contrary contained in any law or enactment…” legally means despite anything contained in any other law concerning this matter, conflicting or not, the provisions of this subsection have overriding effect, i.e this law is primary and supreme on these offences it has created here and punishments it has stipulated, over any other laws.
Here, when the owner, any relative or friend of the owner and the artisan that was given the job to do by any of those above, without the permission of the IGP through the permit, tint, etc a vehicle, they all have committed an offence created in this law, but can only be punished as also stipulated in this law. In Nigeria, a person cannot be penalised for an offense not created by a law. A person cannot be convicted of any offense unless the offense is defined and its penalty are prescribed in a written law, which includes Acts of the National Assembly, State Laws, and subsidiary legislation.
Subsection (2)
Any person who commits an offence under paragraph (d) of subsection (1) of this section may himself be charged with tinting, shading, colouring, darkening or treating in any other way the glass fitted on the motor vehicle or with counselling or procuring the tinting, shading, colouring, darkening or treating in any other way the glass fitted on the motor vehicle.
Analysis
This subsection created the charges that will be preferred against offenders that committed the offence created by this law, in the court of law. No any other charges can be preferred outside these ones, except the offender commits another offence and charged for that under another law.
Subsection (3)
In this Act –
(a) reference to the “appropriate authority” means reference to the Inspector-General of Police or any person or authority authorised by him to give such permission as is contemplated in subsection (1) of section 1 of this Act
(b) reference to “permission” includes registration.
Analysis
This subsection means the only executing authority of this law is the Inspector-General of Police either directly or anyone authorised by him to give such permission; and such permission includes registering the tinted, etc vehicle as directed by the IGP.
Section 3.
It shall be the duty of the buyer, donee or importer of a motor vehicle with tinted, shaded, coloured, darkened or treated glass to change all the glass within a period of 14 days from the date of arrival in Nigeria or date of purchase (which ever is applicable in each circumstance).
Analysis
This section enshrined that the buyer, importer or donee of vehicles with factory-fitted glasses, should within 14 days change the affected glass/es. The law did not create any offence if such is not carried out by those mentioned and also did stipulate any charge or punishment if not done.
By implication, the IGP or anyone authorised by him can only advise these class of people to do so and cannot arbitrarily create any offence or penalty outside the law, as Section 36(2b) of the Constitution of the Federal Republic of Nigeria, 1999, comes to play here. It says “a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law contains no provision making the determination of the administering authority final and conclusive.
Section 4(1)
Any person who commits an offence under this Act shall on conviction be liable to a fine of N2,000 or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.
Analysis
This subsection made provision that any vehicle owner, relative, etc involved in manual tinting, etc of his/her/their vehicle and the tinted glass artisan who was employed to do that, having committed an offence under this Act, shall if convicted by a law court, either be ordered by the court to pay a fine of N2,000 or sentenced to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment by the court.
Subsection (2)
Where an offence under this Act has been committed by a body corporate, every person who at the time of the commission of the offence was a proprietor, director, general manager, secretary or other similar officer servant or agent of the body corporate (or a person purporting to act in any such capacity) as well as the body corporate shall be guilty of the offence and may be proceeded against and punished accordingly.
Analysis
This subsection addresses the corporate offenders and how they also will be charged and penalised as stated above.
Section 5.
The Federal High Court shall have jurisdiction to try offenders under this Act.
Analysis
This section gives jurisdiction to only Federal High Court, for trial of offenders of only the offences stated in this law.
Section 6.
This Act may be cited as the Motor Vehicles (Prohibition of Tinted Glass) Act.
Analysis
This is the citation of the law.
Subsidiary Legislation
No subsidiary legislation.
Analysis
This proviso means no Regulations, Directives etc whatsoever can be drafted by anybody including the IGP, to execute this law by stipulating a fee, offences, etc; and if such is done, it shall not have the force of law. Offenses and penalties must be established by an Act of the National Assembly or a Law of a State, or by subsidiary legislation under the provisions of a law, otherwise it is illegal.
Conclusion
The Motor Vehicles (Prohibition of Tinted Glass) Act, CAP. M21, LFN, 2004, is very explicit. It is a law without subsidiary legislation.
The IGP given the power to permit manual tint, etc vehicles is adequately captured in the Act.
The Act stipulates that the IGP can only give permission based on security or health reasons only.
Carrying out manual tinting, etc without IGP’s permission through the permit was declared as an offence by the Act, and penalties of N2,000, six months imprisonment or both was enshrined in the Act.
The Act gave only the Federal High Court jurisdiction over offences in it.
The Act did not capture the IGP’s fixing of an annual fee of N14,200 for the permit.
The Act did not capture IGP’s Regulation/Directive directing importers, owners and donees of factory-fitted tinted vehicles to get permit whether within a stipulated time or not.
The Act stipulated that importers, owners and donees of factory-fitted tinted vehicles should change their tinted glasses in 14 days or importing or buying.
The Act did not say the importers, owners and donees of factory-fitted tinted vehicles should seek IGP’s permission.
The Act did not create neither offences nor penalties if importers, owners and donees of factory-fitted tinted vehicles did not change their glasses in 14 days.
Akinloye Oyeniyi is a legislative consultant and discourse analyst with extensive experience in legislative and political matters in Nigeria. He is well-known for his analytical commentary on governance, legislation, and public policy.