A Kaduna State High Court has struck out the case filed by the state Commissioner of police against the African Democratic Congress (ADC) and the Social Democratic Party (SDP), describing it as an ‘abuse of court process.’
The court presided over by Justice Murtala Zubairu, also declared the ban on political gatherings by the State Commissioner of Police, Muhammad Rabiu, as unconstitutional, and subsequently awarded a ₦15 million in total damages against the police and in favour of the defendants.
In his ruling, the judge granted an order of perpetual injunction restraining Rabiu, 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.
He ordered the police must compensate the victims of a breach of fundamental rights, noting that 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 suit was in the aftermath of the disruption of an ADC meeting held in the Kaduna State capital on August, 30, 2025, which was attended by the former Kaduna State Governor, Nasir El-Rufa’i and other leaders of party.
During the meeting, suspected political thugs invaded the venue of the meeting, and attacked ADC members and also damaged property.
Justice Zubairu in his judgment, 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.
According to him, 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.
“I, 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.
In the court judgement, the judge awarded ₦5 million each for 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.
Furthermore, Justice Zubairu discharged an ex-parte order granted on September 4, stating 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.”
“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 court ruled.
