A Federal High Court sitting in Osogbo on Monday had slammed a N100 million damages against the Inspector-General of Police, the Nigeria Police (NPF) and the Police Service Commission (PSC) for breaching the law in the attempt to stop the February 22, 2025 local governments election in Osun state.
Delivering judgement in the suit marked FHC/OS/CS/41/2025, Honourable Justice A.A Demi-Ajayi held that the sealing of the offices of the Osun State Independent Electoral Commission (OSSIEC) and arrest of staffs of the commission in the build up to the election was unlawful as the Police authority failed to provide any law that broken to warrant its action.
The judge noted that evidence presented before the court showed that the election was held in compliance with the relevant sections of the Electoral Act, 2022, and other enabling laws, and leaves the Police with no legal justification to interfere with the process.
The suit, which has the OSSIEC and its Chairman, Barrister Hashim Abioye as claimants, had prayed the court to hold that the action of the Inspector-General of Police and officers of the Nigerian Police in sealing off the commission’s Head office and offices across the state a few hours to the local governments election in the state, the threat to arrest OSSIEC Chairman, and eventually arrests of ad-hoc officers engaged by it, was unlawful.
In suit, the claimants asked the court to determine “whether the plaintiffs, generally, severally and variously, are not entitled to enjoy their fundamental rights to liberty, right to private life, right to dignity of human person and right to own movable and immovable property as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and African Charter on Human and People’s Rights.”
They also contended that the action of the Police reflected partisanship and urged the court to declare the arrest and detention of staff of the Commission in the build up to the February 22, 2025 local governments election as illegal and unlawful “while the threat of further arrest and/or continuing detention of the plaintiffs’ staff by the defendants is illegal, unlawful.”
Besides, the claimants argued that the local governments election was ordered by the court, and described the conduct of the Police as an affront on the judiciary, which it prayed the court to hold against the IGP and the Police authority by slamming an aggravated damage of N2 billion on them.
The claimants want the court to restrain the IGP or any of its agent to continue to overreach its power by interfering with the Commission’s lawful duties, pleading with the court to grant its request in the interest of justice.
However, the defendant acknowledged the sealing off of the offices of OSSIEC and arrest of its staff, saying the step was a preemptive move to stop the commission of crime.
In an affidavit deposed to by Inspector Ogunmokun Abiodun, the Police noted that its action was not carried out arbitrarily but “was founded on the credible suspicion their engagement in actions deemed to have violated the Electoral laws and other applicable laws as opposed to averment contained in paragraph 14 of the plaintiffs’ affidavit.”
He contended that the claimants exaggerated the development as the Police only performed its duty of ensuring peace and order, urging the court to dismiss the suit for being frivolous.
He denied partisanship allegation raised against the IGP and the Police authority by the plaintiffs, noting that it was acting within the scope of constitutional and statutory duties.
Reacting to the judgment, OSSIEC Chairman, Hashim Abioye extolled the judiciary, asserting that justice has been served. He also commended the legal team led by Maruf Adediran Esq., saying that history already has in its book the illegal action of the Police in interfering with grassroot democracy in Osun State, and that at every time that book will speak to the generations to come.
