A Kaduna High Court has ordered the state’s Commissioner of Police to pay N15 million in damages for violating the rights of opposition party members to peaceful assembly.
Justice Murtala Zubairu, who delivered the judgment on Wednesday, ruled that the police acted unlawfully when they disrupted meetings organized by members of the African Democratic Congress (ADC) and the Social Democratic Party (SDP).
The meetings, held on August 30 and September 4, 2025, reportedly involved former Kaduna State Governor Nasir El-Rufai and senior members of both parties.
According to court findings, the first gathering was attacked by thugs in the presence of police officers, while the second was stopped by police using an ex parte order.
The police had filed a suit, marked KDH/KAD/NPD/1315/2025, asking the court to suspend all political meetings in Kaduna pending investigations into alleged threats of violence.
However, Justice Zubairu dismissed the case as “politically motivated” and “an abuse of court process.”
He ruled that the police exceeded their powers under the Police Act 2020 and acted in bad faith.
The court described their actions as unconstitutional and a clear overreach of authority.
“The idea that the police can suspend the fundamental rights of association and assembly is an overreach,” Justice Zubairu said.
“Their duty is to provide security, not to ban lawful gatherings based on vague fears.”
The judge declared that the ex parte injunction obtained by the police on September 4 violated Section 40 of the 1999 Constitution, which guarantees the right to peaceful assembly.
He therefore voided the injunction, calling it irregular and without merit.
Citing previous cases, including Inspector-General of Police v. All Nigeria Peoples Party (2007) and APC v. IGP (2014), the judge reaffirmed that the police have no power to ban peaceful rallies.
He also condemned the police for failing to investigate petitions filed by the ADC and SDP after the August 30 attack.
According to him, the refusal to act amounted to a breach of statutory duty.
“The evidence shows the police neglected their responsibility,” Zubairu stated.
“Instead of protecting victims, they sought judicial cover to limit their rights. This is unacceptable in a democracy.”
The court awarded N15 million in total damages N5 million for suspending the rallies, N5 million for the wrongful injunction, and N5 million for failing to investigate the attack.
Justice Zubairu ordered the Kaduna Commissioner of Police to investigate the August 30 violence and submit a report to the state Attorney-General within 60 days.
He warned that using the police to suppress opposition weakens democracy and public trust.
“Law enforcement must never serve as tools of political intimidation,” the judge concluded.
