The Kaduna State High Court has struck out a controversial suit filed by the state Commissioner of Police seeking to suspend all political rallies and meetings by opposition parties.
The court ruled that the move was unconstitutional and an abuse of power. It also awarded N15 million in favour of the Social Democratic Party (SDP) for breach of fundamental rights.
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The case was filed by the Commissioner of Police, Kaduna State (the Applicant) against the African Democratic Congress (ADC) and the Social Democratic Party (SDP) (the Respondents).
The police had approached the court through an originating summons dated 4 September seeking declaratory and injunctive orders to halt all political gatherings in the state pending investigations into alleged threats of violence.
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Delivering judgment on Wednesday, Justice Murtala Zubairu struck out the police’s originating summons for being “incompetent and a gross abuse of court process” and granted all the reliefs sought in the SDP’s counterclaim.
According to a copy of the judgement seen by PREMIUM TIMES, the opposition parties, particularly the SDP, challenged the competence of the suit and accused the police of political persecution.
They also filed a counterclaim seeking declarations and damages for the violation of their rights to peaceful assembly and association under Section 40 of the 1999 Constitution.
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Mr Zubairu agreed with the SDP’s objection that the suit was wrongly commenced by originating summons despite the existence of “highly contentious and disputed facts.”
He said the police based their case on “vague intelligence reports” and “speculative fears” rather than concrete evidence.
“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 judge ruled.
The judge cited the landmark decision in Inspector-General of Police v. All Nigeria Peoples Party (2007) 18 NWLR (Pt. 1066) 457, which affirmed that the role of the police is to provide security for lawful gatherings, not to prohibit them preemptively.
Accordingly, Justice Zubairu struck out the police’s originating summons and motion for injunction for being incompetent and an abuse of court process.
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.
“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 favour of the party asserting the fundamental right,” the judge said.
The court granted a series of declarations and orders in favour 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.
Mr Zubairu also ordered the police to investigate the SDP’s earlier complaints over the 30 August 30 violence allegedly involving political thugs, and to submit a report to the Kaduna State Attorney-General within 60 days.
The ruling, opposition leaders in the state said, is 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 Friends Turn Foes
The political feud between former Kaduna State Governor Nasir El-Rufai and his successor, Governor Uba Sani, 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 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 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.
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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.
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