A Federal High Court sitting in Kaduna has declared the ban imposed by the Kaduna State Police Command on political meetings as unconstitutional, faulting the police for acting beyond their legal powers.
Justice Murtala Zubairu, in a judgment delivered on Wednesday, awarded ₦15 million in damages to the African Democratic Congress (ADC) and the Social Democratic Party (SDP), describing the police’s actions as a “gross violation” of the parties’ rights to peaceful assembly and association guaranteed under Section 40 of the 1999 Constitution (as amended).
The ruling followed a suit arising from the disruption of an ADC meeting held on August 30, 2025, in Kaduna. The event — which had in attendance former Kaduna State Governor, Mallam Nasir El-Rufai, and other party leaders — was violently disrupted by thugs who vandalised property and injured several participants.
Following the attack, the Kaduna State Police Command alleged that the gathering was held without prior notification to security agencies, despite what it claimed were “repeated warnings.” The police subsequently invited El-Rufai and six ADC members for questioning over alleged criminal conspiracy, incitement, and public disturbance.
Delivering judgment, Justice Zubairu held that the police acted ultra vires — beyond their statutory powers — and violated the constitutional rights of the opposition parties.
“I find and hold that the applicant fundamentally breached their statutory duty and unlawfully infringed upon the counter-claimants’ fundamental rights,” the judge stated. “The applicant’s actions demonstrate a clear pattern of abuse of power, warranting perpetual restraint by the Court.”
He ruled that the police’s blanket ban on political gatherings amounted to “selective enforcement and a threat to democracy,” and therefore could not stand in a constitutional democracy.
Justice Zubairu further struck out the case filed by the Commissioner of Police against the ADC and SDP, describing it as an “abuse of court process.”
The court awarded ₦15 million in total damages against the police for what it termed “arbitrary suspension” of the ADC meeting, “unlawful ex-parte injunction obtained without due process,” and “failure to investigate the August 30 violence.”
According to the ruling, ₦5 million each was awarded for the unlawful suspension of the September 4 meeting and the public portrayal of the political parties as violent; for obtaining an ex-parte injunction without an undertaking as to damages; and for the police’s failure to investigate the attack.
Justice Zubairu also vacated the ex-parte order granted to the police on September 4, 2025, declaring it “issued without merit and in breach of procedure.”
The court consequently issued a perpetual injunction restraining the Kaduna State Commissioner of Police, his officers, and agents from further interfering with the lawful political activities of the ADC and SDP without due process.
“An order is granted directing the applicant to promptly investigate the complaints lodged by the respondents (Exhibits A2 and A3) and the alleged violence of August 30, 2025, and to provide a report to the Attorney-General of Kaduna State for necessary action within 60 days from the date of this judgment,” the judge ordered.
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