Political gatherings: Victory for El-Rufai as court slams police, awards N15m to ADC, SDP

A Kaduna High Court has delivered a landmark ruling against the Kaduna State Commissioner of Police, declaring the attempt to restrict opposition political gatherings unconstitutional and awarding ₦15 million in damages to the African Democratic Congress (ADC) and the Social Democratic Party (SDP).

The judgment, handed down on Wednesday by Justice Murtala J. Zubairu, stemmed from a case challenging the police’s decision to prohibit political meetings in the state. The restriction came after a violent disruption of an ADC event attended by former Kaduna State Governor, Mallam Nasir El-Rufai, alongside other prominent opposition leaders.

According to details shared on El-Rufai’s official X handle, Justice Zubairu faulted the police for targeting opposition parties instead of investigating the perpetrators of the attack, describing the Commissioner’s actions as “a clear pattern of potential abuse of power.”

The court held that the police violated the fundamental rights of the parties to freedom of assembly and association as guaranteed under Section 40 of the 1999 Constitution. Justice Zubairu described the police attempt to impose a statewide ban on political meetings as “oppressive, selective, and high-handed.”

The court dismissed the police’s application for being incompetent and an abuse of court process, granting all counterclaims filed by the ADC and SDP. It further awarded ₦15 million in damages ₦5 million each under three separate heads of violation and negligence.

“The Applicant fundamentally breached their statutory duty and unlawfully infringed upon the Counter-Claimants’ fundamental rights. The unconstitutionality of the Applicant’s conduct justifies the declarations sought. The actions taken by the police, targeting the victims of violence and seeking a statewide ban on opposition activity, are oppressive and warrant exemplary damages,” the judge ruled.

Justice Zubairu also nullified the earlier ex parte injunction obtained by the police to stop political meetings, stating that it was issued irregularly and without the mandatory undertaking for damages, contrary to the precedent in Kotoye v. CBN (1989).

He further criticized the police for neglecting to probe legitimate complaints filed by the opposition parties, calling it a “serious abdication of duty.”

The ruling, now widely circulated online, is being hailed as a landmark victory for opposition parties in Kaduna State and a strong judicial warning against attempts to stifle democratic freedoms.