A High Court sitting in Kaduna on Wednesday awarded the sum of N15 million against the Police as damages for disrupting the 30th August, 2025 and 4th September, 2025 meetings of chieftains of the African Democratic Congress (ADC) and Social Democratic Party (SDP) in Kaduna State.
The court, presided over by Hon. Murtala J. Zubairu, also granted a perpetual injunction restraining the Commissioner of Police in Kaduna State, his officers, and his predecessors from interfering with the defendant/counterclaimant’s lawful political gatherings.
It would be recalled that two meetings involving a former Governor of Kaduna State, Mallam Nasir El-Rufai, and other chieftains of the ADC and SDP in Kaduna State were truncated first on August 30, 2025, by suspected hired thugs in the presence of police officers and then by the Police on September 4th, 2025.
According to the Police, their action was based on an Ex parte Order obtained in the suit marked KDH/KAD/NPD/1315/2025 between the Commissioner of Police, Kaduna State, and the African Democratic Congress (ADC) and Social Democratic Party (SDP).
However, delivering judgment on the suit after reviewing all the facts and submissions of counsel for both the plaintiff and the Respondents, the court not only dismissed the suit instituted by the Police “for being incompetent and constituting an abuse of court process” but also upheld the prayers of the defendants/counter claimants.
The court directed as follows: “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, it amounts 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 counterclaimant’s lawful political activities, including meetings, rallies, and assemblies, without due process of law.
“An order is granted directing the Applicant to investigate the complaints lodged by the Respondents promptly (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 evidence before this court shows a clear abdication of duty by the Applicant. Rather than protect the victims of the August 30 incident, the police sought judicial cover to curtail their rights. This is unacceptable in a constitutional democracy,” the judge said.
In its orders, the court declared that the police breached their statutory duty under Sections 4, 83, and 84 of the Police Act 2020, which mandate the force to provide adequate security for assemblies and processions.
Justice Zubairu also voided the ex parte interim injunction earlier obtained by the police on September 4, 2025, on the ground that it was issued without the mandatory undertaking as to damages, contrary to the Supreme Court’s decision in Kotoye v CBN (1989).
He said, “The ex parte order obtained without the required undertaking is irregular, oppressive, and contrary to law. The resulting injury to the respondents must be compensated.”
