A Kaduna high court has ruled that the ban on political gatherings imposed by the state commissioner of police is unconstitutional.
In the judgment delivered on Wednesday, presiding judge Murtala Zubairu dismissed the case filed by the commissioner of police against the African Democratic Congress (ADC) and the Social Democratic Party (SDP), labelling it an “abuse of court process”.
The lawsuit stemmed from the disruption of an ADC meeting held on August 30, 2025, which was attended by former Kaduna governor Nasir el-Rufai and other party officials.
The event, intended for the inauguration of an ADC transition committee, was attacked by thugs who assaulted attendees and vandalised property.
Mansir Hassan, spokesperson for the Kaduna police command, stated that the gathering took place without “prior notification” to security authorities despite “repeated warnings”.
On September 4, the police command summoned el-Rufai and six ADC members for interrogation over allegations of criminal conspiracy, incitement of public disturbance, mischief, and causing grievous harm.
In his ruling, Zubairu declared that the police overstepped their legal authority and infringed on the constitutional rights of the opposition parties to freedom of assembly and association as provided 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 said.
“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 ordered the police to pay a total of N15 million in damages to the defendants.
According to the ruling, N5 million each was awarded for the unlawful suspension of the September meeting and the negative public portrayal of the parties as violent, the improper ex-parte injunction obtained without an undertaking as to damages, and the failure to investigate the August 30, 2025, attack.
Zubairu also set aside the ex-parte order granted on September 4, 2025, stating it was issued “without merit and in breach of procedure”.
He further ruled that the police’s general application to restrict all political gatherings in Kaduna constituted “selective enforcement and abuse of process”.
The court also issued a perpetual injunction preventing the Kaduna commissioner of police, along with his officers, agents, or representatives, “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.