There has been public protest over indiscriminate arrest of individuals found to be using automobiles with tinted glasses. The Tide understands that Section 2(d) of the Road Traffic Act expressly outlaws the use of such vehicles, particularly those crudely laminated in a deep dark colour that makes visibility impossible.
Relying on the said Section of the Road Traffic Act, a Karu Senior Magistrate Court recently sentenced four men to two months imprisonment after they had pleaded guilty to illegal use of tinted glasses on their vehicles. It would appear however, that the most comprehensive legislation on the use of tinted glasses in Nigeria is the Motor Vehicle Prohibition of Tinted Glass Acts CAP M21 Laws of the Federation of Nigeria (Formerly Decree No 6 of 1991.)
Section 1(1) of this Act states that except with the permission of the ‘appropriate authority’ and for such good cause as may be determined from time to time by the appropriate authority, “no person shall cause any glass on a motor vehicle to be tinted or shaded or coloured lightly or thickly, darkened or treated in any other way so that the persons or objects in the motor vehicle are rendered obscure or invisible.”
No doubt, majority of crimes relating to terrorism, suicide bombing, kidnapping, gun-running, human trafficking and armed robbery among others are mostly committed with vehicles with such tinted gasses. The uncontrolled use of such vehicles for perpetration of crimes has heightened confusion over modalities to check defaulters.
We note that, although the Motor Vehicle (Prohibition of Tinted Glass) Act, CAP M21 Laws of the Federation of Nigeria, Section 3(a) had explained “appropriate authority” as contained in Section 1(1) of the law to mean reference to the Inspector-General of Police (IGP) or any person or authority authorized by him to give such permission as contemplated in Section (1) of the law, implementation of the law appeared to have been neglected overtime. This without doubt, had given room to virtually every individual to own such vehicles, some of them so crudely laminated that they became safe havens for kidnappers, armed robbers and sundry criminals.
Clearly, the recent order by the Inspector-General of Police to all state commands to impound such vehicles and if possible arrest and prosecute their owners, underscores a fresh initiative by the Police High Command to check the anomaly by enforcing a nearly dead law. It is even more understandable in the light of recent security challenges the nation is grappling with, and which could be hampered if such safety nests for felons are not properly checked. It was in furtherance of that reasoning and consequent IGP directive that the Karu Senior Magistrate Court sentenced the four men to two months imprisonment for illegal use of tinted glasses on their cars while in other parts of the country there are reports of payment of various sums of money in fines by defaulters, to recover their vehicles.
We are aware that the Police High Command had stated that the law authorizes an appropriate authority, in this case, the IGP to issue permits for use of tinted glasses to Nigerians on health and security grounds, if they meet stipulated requirements for qualification. However, we think that, for any Act to be effective, it should not be selective in application. Yes, the Rivers State Police Command recently explained the difference between factory fitted tinted glass and those locally laminated. But the situation remains foggy because there are also foreign made vehicles that fall in the same category as locally tinted glasses. Therefore, the Police High Command should be specific over which public officers are entitled to use what vehicles as that aspect has been grossly ignored.
Again, the process of obtaining police permit for tinted glasses should be made clear and insulated from familiar counterfeiting, touting and bribery because we fear that unscrupulous police officers may take advantage of the new regime of enforcement to engage in the harassment of and extortion from helpless motorists. It is therefore imperative that police authorities ensure strict supervision of their men deployed to these duties and bring to book officers who may be tempted to act outside the confines of the enabling laws and indeed, that of the Police Code of Conduct.
Clearly, legal restrictions on the use of tinted car glasses is not peculiar to Nigeria. The law, we understand, is designed to promote and protect the collective security of all through visual transparency of auto mobiles. It reduces the chances of persons plying vehicles with opaque devices, arms, ammunition and other incriminating materials undetected from one part of the country to another.
The law is also designed to enhance the smooth discharge of police duties, by making monitoring of motorists easy. But we think that the law leaves too much room for manipulation by a few for the punishment to address. Unless such grey areas already highlighted are addressed, what we consider to be a good law would leave negative consequences and hence become unpopular among the very people the measures are intended to protect.
Even so, we urge total compliance by the citizenry since ignorance of the law is no excuse, while we await necessary enlightenment on the matter.