The Nigeria Police Force’s controversial Tinted Glass Permit Policy has prompted counsel for the police to request the transfer of a class-action suit from the Federal High Court in Warri to its Abuja division.
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The application, dated October 6, 2025, and addressed to the Chief Judge of the Federal High Court, highlights striking similarities between the Warri case Suit No. FHC/WR/CS/103/2025, filed by John Aikpokpo-Martin on behalf of tinted car owners nationwide and a parallel action pending in Abuja, Suit No. FHC/ABJ/CS/1821/2025, brought by the Incorporated Trustees of the Nigerian Bar Association (NBA) representing legal practitioners and the motoring public.
Both suits challenge the enforcement, legality, and implementation of the policy, which mandates permits for vehicles with tinted windows and has sparked widespread debate over privacy rights, road safety, and potential overreach by law enforcement.
Ayotunde Ogunleye, SAN, principal partner at Legaltuxedo & Associates, representing the Inspector-General of Police and the Nigeria Police Force in both matters, argued in the letter that the cases involve “similar parties, touch on similar subject matter,” and share the same defendants. He emphasized the need for judicial economy, consistency in rulings, and convenience, noting that the police headquarters is in Abuja, where a “substantial part of their official and administrative activities” occur.
“My Lord, it is trite that matters of similar subject and parties should, where possible, be heard within the same Judicial Division to ensure consistency in judicial pronouncements, avoid multiplicity of actions, and promote judicial economy,” Ogunleye wrote, citing Order 2 Rules 2(a)(i), (b), and 3 of the Federal High Court (Civil Procedure) Rules 2019. These provisions prioritize venue in the division where a defendant resides or conducts principal business—criteria he said clearly point to Abuja.
The letter further invokes Order 49 Rule 2, which empowers the Chief Judge to reassign cases across divisions at any stage for the “interest of justice.” Attachments included an enrolled order on tinted permit enforcement and processes from the Abuja suit, underscoring the overlap in legal and factual issues.
On October 7, 2025, Joshua Ibrahim Aji, Esq., Special Assistant to the Chief Judge, forwarded the defendants’ request to Olukunle Ogheneovo Edun, SAN, counsel for the plaintiff in the Warri suit. Edun, of Kunle Edun (SAN) & Partners in Warri, has been directed to respond within four days of receipt.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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