Court faults police over ban on political meetings in Kaduna, warns against abuse of police powers
By Jeph Ajobaju, Chief Copy Editor
A Federal High Court has faulted the police for imposing a ban on political meetings in Kaduna, declaring it unconstitutional and beyond the powers of the police.
Judge Murtala Zubairu, in a landmark ruling at the court in Kaduna, awarded N15 million in damages to the African Democratic Congress (ADC) and the Social Democratic Party (SDP), describing the police ban as a “gross violation” of the rights of political parties to peaceful assembly and association.
The case stemmed from the disruption of an ADC meeting in Kaduna on August 30, attended by former Kaduna Governor Nasir el-Rufai and other party leaders, where thugs attacked and injured several participants, and vandalised property.
Kaduna Police Command alleged that the meeting was convened without prior notification to security agencies, claiming it had earlier issued warnings against such gatherings.
The police then invited El-Rufai and six ADC members for questioning over alleged criminal conspiracy, incitement, and public disturbance.
The court held that the police acted ultra vires – beyond their legal powers – and violated the rights of opposition parties under Section 40 of the Constitution.
“I find and hold that the applicant fundamentally breached their statutory duty and unlawfully infringed upon the counter-claimants’ fundamental rights,” Zubairu ruled.
“The applicant’s actions demonstrate a clear pattern of abuse of power, warranting perpetual restraint by the court.”
He also condemned the blanket ban on political meetings in Kaduna, describing it as “selective enforcement and a threat to democracy.”
The Judge:
- Awarded N15 million in total damages against the police, covering the “arbitrary suspension” of the ADC meeting, the “unlawful ex-parte injunction” obtained without due process, and the “failure to investigate the August 30 violence.”
- Vacated the ex-parte order granted to the police on September 4 which was “issued without merit and in breach of procedure.”
- Issued a perpetual injunction restraining the Kaduna State Commissioner of Police, his officers, and agents from interfering with the lawful political activities of the ADC and SDP without due process.
- Directed the police to investigate the August 30 attack and submit a detailed report to the state Attorney General within 60 days.
The ruling has been hailed as a reaffirmation of citizens’ constitutional rights and a warning against the misuse of police powers in political and other matters.
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