A Kaduna High Court on Thursday delivered judgement in the case filed by the state Commissioner of Police, CP Muhammad Rabiu, against the African Democratic Congress (ADC) and Social Democratic Party (SDP).
CP Rabiu had sought to ban meetings and gathering by political parties after an ADC event attended by the former Governor of Kaduna State, Mallam Nasir El-Rufai, and other ADC leaders on August 30, 2025 was violently disrupted by thugs alleged to have been sponsored by the state government.
El-Rufai, in a post on his official X account, has now revealed that the court ruled against the commissioner for unlawfully banning opposition political gatherings, striking out the police case of September 4 as an abuse of process, and awarding N15 million in damages to ADC and SDP for breaching rights to assembly and association under Nigeria’s 1999 Constitution.
“Among other consequential orders, the court declared the action of the police unconstitutional and struck out the Police’s case. It also awarded damages against the police and in favour of the Defendants to a total tune of N15,000,000.00,” El-Rufai stated, attaching an extract from the CTC of the judgement delivered by Justice Murtala J. Zubairu, in Kaduna.
“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 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 Counter-Claimant is entitled to the declarations and perpetual injunctions sought,” Justice Zubairu said.
“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.”
Consequently, the judge made the following orders: “The arbitrary suspension of the meeting and the public portrayal of the Counter-Claimants as purveyors of violence necessitate compensation. I award N5,000,000.00.
“The Applicant obtained an Ex-Parte Order of Interim Injunction without the mandatory undertaking as to damages, violating the principle in Kotoye v CBN (1989). The resulting loss warrants compensation. I award N5,000,000.00.
“The failure to investigate the complaints in Exhibits A2/A3, coupled with the action taken against the complainants, is a serious abdication of duty leading to injury on August 30, 2025. I award N5,000,000.00.
“Based on the analysis and findings above, I hold that the claims contained in the Applicant’s Originating Summons are hereby STRUCK OUT for being incompetent and an abuse of court process and the Counterclaims of the 2ND RESPONDENT are hereby GRANTED. It is hereby ORDERED and DECLARED that: A DECLARATION is granted that the Applicant’s failure to investigate the complaints in Exhibits A2 and A3 and their subsequent action to suspend/prohibit the Counter-Claimant’s lawful assemblies constitutes a breach of statutory duty under Sections 4, 83, and 84 of the Police Act 2020.
“A DECLARATION is granted that the ex parte interim injunction granted by this Honourable Court on September 4, 2025, and the reliefs sought in the Originating Summons, infringed the Counter-Claimant’s fundamental rights to freedom of assembly and association under Section 40 of the 1999 Constitution (as amended), without justifiable derogation under Section 45(1).
“A DECLARATION is granted that the Applicant’s actions, including the application for a blanket prohibition of all political assemblies in the State based on unverified intelligence, amount to selective enforcement and an abuse of process.
“An ORDER is hereby granted discharging the ex parte interim injunction granted on September 4, 2025, for procedural irregularities and lack of merit.
“An ORDER of PERPETUAL INJUNCTION is hereby granted restraining the Applicant (COMMISSIONER OF POLICE, KADUNA STATE), 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.
“DAMAGES are hereby awarded in favor of the 2nd RESPONDENT/COUNTER-CLAIMANT and against the 2ND and APPLICANT/DEFENDANT to the Counterclaim in the total sum of the N15,000,000.00 (Fifteen Million Naira), encompassing compensatory, general, aggravated, and exemplary damages for the breach of fundamental rights, wrongful injunction, and breach of statutory duty.”
