Justice Murtala J. Zubairu of the Kaduna State High Court has ruled that a bid by the Commissioner of Police to suspend all political meetings and rallies across the state was unlawful, unconstitutional, and amounted to a gross abuse of power.
The court further ordered the police to pay N15 million in damages to the Social Democratic Party (SDP) for the violation of its fundamental rights.
Justice Zubairu who gave the ruling on Wednesday, said the police acted beyond their legal mandate by seeking judicial authority to impose a blanket ban on political activities.
The court said such conduct cannot be tolerated in a constitutional democracy.
The CP filed the case, marked KDH/KAD/NPF/1315/2025, on September 4, 2025, against the African Democratic Congress (ADC) and the Social Democratic Party (SDP) seeking to halt political gatherings pending investigations into alleged threats of violence.
Justice Zubairu dismissed the suit as incompetent and politically motivated and instead upheld a counterclaim by the SDP.
He said the police acted with bias, breaching their statutory responsibilities, and attempting to suppress opposition voices.
“The notion that the police can indefinitely suspend the fundamental rights of association and assembly of every political party in a state is an overreach and constitutes an abuse of statutory powers.
“The duty of the police is to provide security for peaceful assemblies, not to ban them preemptively based on vague fears or speculative intelligence,” Justice Zubairu declared.
Justice Zubairu said the 1999 Constitution gives citizens’ freedom of association and assembly under Section 40, and that the Police Act 2020 does not override those protections.
“The Applicant’s reliance on the Police Act 2020 cannot override Section 40 of the Constitution… To do otherwise would be an invitation to anarchy and a breach of the social contract,” he said.
Citing legal precedents, including Inspector-General of Police v. All Nigeria Peoples Party (2007) and All Progressives Congress v. Inspector-General of Police (2014), the court reinforced that the police have no legal grounds to prohibit peaceful political gatherings. The 1999 Constitution guarantees citizens’ freedom of association and assembly under Section 40, and that the Police Act 2020 does not override those protections.
“The Applicant’s reliance on the Police Act 2020 cannot override Section 40 of the Constitution… To do otherwise would be an invitation to anarchy and a breach of the social contract,” he said.
While citing the case of Inspector-General of Police v. All Nigeria Peoples Party (2007) and All Progressives Congress v. Inspector-General of Police (2014), the court reinforced that the police have no legal grounds to prohibit peaceful political gatherings.
The SDP in its counter claims, told the court that it was not behind the August 30 violence the police was referring to but rather a victim of it, adding that it had previously warned the police, via a petition dated August 14, about the recruitment of political thugs by the ruling party. The petition, the party claimed, was ignored.
The party said the meeting fixed for September 4, the very event the police sought to suspend, was not a political rally but “a peaceful commiseration visit”.
Justice Zubairu agreed with the SDP’s account, stating, “The evidence before this court shows a clear abdication of duty by the applicant (police). 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 court accused the police of breaching their obligations under Sections 4, 83, and 84 of the Police Act 2020, which mandate law enforcement to provide adequate security for assemblies and processions.
Consequently, Justice Zubairu set aside an interim injunction earlier obtained by the police, adding that it was granted without the required undertaking as to damages, violating the Supreme Court’s ruling in Kotoye v CBN (1989).
“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,” the judge ruled.
Justice Zubairu awarded the SDP N15 million in damages, broken down as N5 million for the arbitrary suspension of the party’s meeting, N5 million for the wrongful injunction, and N5 million for the police’s failure to investigate the August 30 attack.
The court further ordered the police to investigate all pending petitions and submit a comprehensive report to the Attorney-General of Kaduna State within 60 days.
