PIQUED by what he called the Inspector-General of Police’s (IGP) insistence on the ban against the use of tinted glass vehicles, a Lagos-based human rights lawyer, Malachy Ugwummadu, has written to IGP, Mohammed Abubakar against his renewed directive to begin physical apprehension of offenders.
In the open letter dated March 24, 2013, whose copy was made available to The Guardian, the activist noted the renewed directive by the IGP was inappropriate and contemptuous in view of suit no: FHC/L/CS/622/11 between Malachy Ugwummadu Vs. Minister of Police Affairs & 2ors.
Ugwummadu urged the IGP to desist from his present insistence pending the determination of the matter to which he had entered appearance and have been represented in court.
According to him, it is evident that the renewed directive by the IGP is biased, selective and discriminatory against the express provision of Section 42 of the 1999 Constitution notwithstanding the idea behind it.
It is also not supported by the law under which you purportedly exercised your discretionary powers.
He said: “While he acknowledge, appreciate and commend your force for the perceived principle behind this ban, which is to moderate and mitigate the rising incidences of crime, allegedly perpetrated with vehicles of such tinted glasses, I am constrained in the interest of justice, rule of law and the fate of democracy in this country to resist the brazen discrimination inherent in your policy and directive.
“The threshold of the concept of rule of law as a primary condition for every civilized nation is equality before the law.
“First, it should be placed on record that the extant law Motor Vehicles (Prohibition of Tinted Glass) Act Cap. M 21 LFN 2004 under which you exercise your powers limits the exercise of your discretion as to permission and exemption to the twin conditions of health and security and not political. See Section 1(2) of the Act.
I am, therefore, taken aback to note that the exemption accorded the aforementioned category of persons were purely on political grounds. They are persons who occupy high political offices in the country and at present, are all members of the ruling Peoples’ Democratic Party (PDP), save for a few governors.
“On the whole, it is evident that your directive is biased, selective and discriminatory against the express provision of Section 42 of the 1999 Constitution, notwithstanding the idea behind it. It is also not supported by the law under which you purportedly exercised your discretionary powers.
“In view of the foregoing facts and considering that they are the same issues, we have submitted to the Lagos Division of the Federal High Court for adjudication, we most respectfully urge you to desist from your present insistence, pending the determination of the matter to which you have entered appearance and have been represented in court.
“To persist with your directive and insistence is to openly call the bluff of the court and foist a fait accompli on the judiciary in the circumstance of this matter which will be very unfortunate,” he noted.
