The Kaduna State High Court has overturned the ban on political gatherings imposed by the State Commissioner of Police, describing the action as unconstitutional and a flagrant abuse of power.
Delivering judgment, Justice Murtala Zubairu struck out the suit filed by the Commissioner of Police, Muhammad Rabiu, against the African Democratic Congress (ADC) and the Social Democratic Party (SDP), describing it as an “abuse of court process.”
In a sweeping ruling, the court awarded a total of ₦15 million in damages against the police and in favour of the two opposition parties.
Justice Zubairu also issued a perpetual injunction restraining Rabiu, his officers, and agents from interfering with the lawful political activities of the parties — including meetings, rallies, and assemblies — without following due process.
“The police acted outside their statutory powers and violated the fundamental rights of the opposition parties to freedom of assembly and association, as guaranteed under Section 40 of the Constitution,” the judge declared.
The case stemmed from the violent disruption of an ADC meeting held in Kaduna on August 30, 2025, which was attended by former Governor Nasir El-Rufai and other party leaders. The meeting reportedly descended into chaos after suspected political thugs invaded the venue, attacking participants and destroying property.
Justice Zubairu faulted the police for failing to investigate the violence while instead targeting the victims and seeking a statewide ban on opposition activities.
“The actions of the applicant demonstrate a clear pattern of abuse of power, warranting perpetual restraint by this Court,” he said, adding that the police conduct was “oppressive, high-handed, and deserving of exemplary damages.”
The judge awarded ₦5 million each for:
The arbitrary suspension of the ADC meeting;
The unlawful ex parte injunction obtained by the police without an undertaking as to damages; and
The failure to investigate the August 30 violence.
Justice Zubairu also discharged the ex parte order granted on September 4, ruling that it was “issued without merit and in breach of due process.”
He further ordered the police to investigate the complaints lodged by the opposition parties (Exhibits A2 and A3) regarding the August 30 attack and submit a report to the Kaduna State Attorney-General within 60 days of the judgment.
“The police’s blanket ban on political gatherings amounts to selective enforcement and an abuse of process,” the judge held.
The landmark ruling is seen as a major affirmation of freedom of association and political participation in Nigeria, particularly amid growing concerns about the suppression of opposition voices ahead of the 2027 general elections.
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