On Wednesday, October 15, the Federal High Court in Kaduna, presided over by Justice Murtala Zubairu, declared the state commissioner of police’s ban on political gatherings unconstitutional.
In his judgment, the justice Zubairu had 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”.
This resulted from a lawsuit over the disruption of an ADC meeting on August 30, 2025, that was attended by former Kaduna governor Nasir el-Rufai and other party leaders
Thugs stormed an ADC transition committee meeting in Kaduna, reportedly attacking party loyalists and damaging property.
The spokesperson of the state Police Command, Mansir Hassan, said, the event was organised without “prior notification” to security agencies
On September 4, 2025 regarding the fallout from the disruption of the ADC meeting in Kaduna. The police invited former Governor Nasir el-Rufai and six other ADC leaders for questioning following a complaint filed after the violent incident.
Justice Zubairu also 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.”
However, 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.
Justice 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 further 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,” Justice Zubairu ruled.
