Court faults Kaduna police ban on political gatherings, awards N15m to ADC, SDP

A high court in Kaduna has declared the ban on political gatherings by the state commissioner of police as unconstitutional.

Delivering judgment on Wednesday, Murtala Zubairu, the presiding judge, struck out the case filed by the commissioner of police against the African Democratic Congress (ADC) and the Social Democratic Party (SDP), describing it as an “abuse of court process”.

The suit followed the disruption of an ADC meeting held on August 30, 2025, which was attended by Nasir el-Rufai, the former Kaduna governor, and other party leaders.

Thugs had disrupted the inauguration of an ADC transition committee in Kaduna, attacking participants and damaging property.

Mansir Hassan, spokesperson of Kaduna police command, said the event was organised without “prior notification” to security agencies despite “repeated warnings”.

On September 4, the Kaduna police command invited el-Rufai and six ADC members for questioning over allegations of criminal conspiracy, inciting disturbance of public peace, mischief and causing grievous hurt.

In his judgment, Zubairu held that the police acted outside their statutory powers and violated the fundamental rights of the opposition parties to freedom of assembly and association guaranteed under section 40 of the constitution.

“I accordingly, therefore, find and hold that the Applicant fundamentally breached their statutory duty and unlawfully infringed upon the Counter-Claimant’s fundamental rights,” the judge held

“The applicant’s actions demonstrate a clear pattern of potential abuse of power, warranting perpetual restraint by the Court. The unconstitutionality of the applicant’s conduct justifies the grant of the declarations sought. 

“The applicant’s action caused direct injury by the cancellation of the peaceful September 4, 2025, meeting, the resultant political disadvantage, and the legal cost incurred to challenge an unconstitutional action and an ex parte injunction. 

“The court must compensate the victims of a breach of fundamental rights. The actions taken by the police, targeting the victims of violence and seeking a statewide ban on opposition activity, are oppressive and high-handed, warranting exemplary damages.”

The court awarded N15 million in total damages against the police and in favour of the defendants.

According to the judgment, N5 million each was awarded for the arbitrary suspension of the September meeting and the public portrayal of the parties as violent, the unlawful ex-parte injunction obtained by the police without an undertaking as to damages, and the failure to investigate the violence that occurred on August 30, 2025.

Zubairu also discharged an ex-parte order granted on September 4, 2025, noting that it was issued “without merit and in breach of procedure”.

He declared that the police’s blanket application to prohibit all political assemblies in Kaduna amounted to “selective enforcement and abuse of process”.

The judge also granted an order of perpetual injunction restraining the Kaduna commissioner of police, his officers, agents, or privies “from further interfering with the counter claimant’s lawful political activities, including meetings, rallies, and assemblies, without due process of law”. 

“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 provide a report to the attorney-general of Kaduna state for necessary action within 60 days from the date of this judgment,” the judge ruled.