Legal Ruling Strikes Down Police Attempt to Halt Political Activities
The Kaduna State High Court has delivered a significant verdict that struck down an attempt by the state police to suspend political gatherings in the state. The court ruled that the move was unconstitutional and an abuse of power, while also awarding N15 million to the Social Democratic Party (SDP) for breach of fundamental rights.
The case was initiated by the Commissioner of Police, Kaduna State, against the African Democratic Congress (ADC) and the SDP. The police sought declaratory and injunctive orders to halt all political gatherings pending investigations into alleged threats of violence. However, the court found the approach to be “incompetent and a gross abuse of court process.”
Delivering the judgment on Wednesday, Justice Murtala Zubairu emphasized that the police’s actions were based on “vague intelligence reports” and “speculative fears” rather than concrete evidence. He stated that the notion of the police indefinitely suspending the fundamental rights of association and assembly of every political party in the state was an overreach and an abuse of statutory powers.
The judge cited a landmark decision from 2007, Inspector-General of Police v. All Nigeria Peoples Party, which affirmed that the role of the police is to provide security for lawful gatherings, not to prohibit them preemptively. As a result, the court struck out the police’s originating summons and motion for injunction for being incompetent and an abuse of court process.
Key Findings and Implications
The court declared that the Kaduna Police Command breached its statutory duty under Sections 4, 83, and 84 of the Police Act 2020 by failing to investigate earlier petitions from the party and instead moving to prohibit its lawful gatherings. Justice Zubairu noted that where the Applicant relies on vague, speculative information to curtail a constitutional right, and the Counter-Claimant demonstrates a clear legal right and evidence of persecution, the conflicts must be resolved in favor of the party asserting the fundamental right.
The court granted a series of declarations and orders in favor of the SDP, including a perpetual injunction restraining the Kaduna Commissioner of Police and his officers from interfering in the party’s lawful political activities without due process. Additionally, the judge ordered the police to investigate the SDP’s earlier complaints over the 30 August violence allegedly involving political thugs and to submit a report to the Kaduna State Attorney-General within 60 days.
Opposition leaders in the state welcomed the ruling as an emphatic affirmation of citizens’ constitutional right to freely associate and participate in political activities without undue interference from security agencies. The court held that the ex parte injunction obtained by the police on 4 September violated the SDP’s constitutional rights to freedom of association and assembly guaranteed under Section 40 of the 1999 Constitution, and that such restrictions lacked any lawful justification under Section 45(1).
Justice Zubairu described the Commissioner of Police’s attempt to impose a blanket ban on political meetings across the state as “selective enforcement and an abuse of process.”
Political Tensions Escalate
The ruling comes amid heightened political tensions between former Kaduna State Governor Nasir El-Rufai and his successor, Governor Uba Sani. The feud has deepened in recent months as the Kaduna State Government prosecuted some of Mr. El-Rufai’s former aides in court.
The Kaduna State High Court is currently hearing the case against Bashir Saidu, who served as Commissioner of Finance under Mr. El-Rufai. Mr. Saidu, who also served as Chief of Staff to the former governor, is facing 10 counts of money laundering, embezzlement, and stealing. The trial is still ongoing, and he has pleaded not guilty to the charges.
The charges stem from a petition dated 27 June 2024 and received by the anti-graft commission on 1 July 2024, alleging large-scale misappropriation of Kaduna State funds by officials of the previous administration. Several of Mr. El-Rufai’s aides are currently under investigation or facing prosecution before the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Code of Conduct Bureau (CCB), and the Code of Conduct Tribunal over alleged fraud and financial misconduct.
The Kaduna State Government maintains that the probes are part of efforts to ensure accountability, but Mr. El-Rufai has repeatedly described the investigations as a political witch-hunt aimed at discrediting him and his administration. He and his former appointees have consistently denied wrongdoing. They have also condemned what they describe as the ICPC’s “oppressive” move to confiscate funds related to a light rail project, insisting that the assets in question are private investments. According to them, the move amounts to “abuse of power” and could discourage foreign investors.
Earlier, the Kaduna State House of Assembly had indicted Mr. El-Rufai for allegedly mismanaging over N423 billion during his tenure. The former governor dismissed the report as politically motivated, accusing the lawmakers of acting on Governor Sani’s instructions to tarnish his image and that of his former officials.
The fallout between the two politicians, once close allies, began months after Mr. El-Rufai helped Mr. Sani win the 2023 governorship election. Their relationship has since deteriorated into open confrontation marked by corruption allegations and counter-accusations of political persecution.
Mr. El-Kadun, a founding member of the APC, is now the main opposition leader in Kaduna.
