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A Federal High Court sitting in Osogbo has awarded N100 million in damages against the Inspector-General of Police, the Nigeria Police Force, and the Police Service Commission for actions taken to prevent the local government election scheduled for February 22, 2025, in Osun State.
In the judgment delivered on Monday in suit number FHC/OS/CS/41/2025, Justice A.A. Demi-Ajayi declared that the “sealing of the Osun State Independent Electoral Commission (OSSIEC) offices and the arrest of its staff were unlawful.”
The judge further stated that “the Nigerian Police failed to present any law that had been violated to justify the actions taken against the electoral body prior to the election.”
Justice Demi-Ajayi also observed that “the evidence presented before the court indicated that the local government election was conducted in accordance with the relevant provisions of the Electoral Act 2022 and other applicable laws.”
The suit was brought by OSSIEC and its Chairman, Barrister Hashim Abioye, who sought “declarations that the Nigerian Police acted unlawfully by sealing the commission’s offices hours before the election and by arresting its ad-hoc officers.”
The claimants also requested the court to “determine whether their fundamental rights to liberty, private life, dignity, and property, as guaranteed under Chapter IV of the 1999 Constitution and the African Charter on Human and Peoples’ Rights, had been violated.”
They contended that the actions of the Nigerian Police amounted to partisanship and asked the court to declare the arrests of OSSIEC staff leading up to the election as illegal and unlawful.
The claimants further noted that the election itself had been authorized by a court and characterized the Police operation as an affront to the judiciary, for which they sought aggravated damages of N2 billion.
They also requested the court to “restrain the IGP or his agents from interfering with the commission’s lawful responsibilities in the future.”
In response, the Nigerian Police acknowledged sealing the OSSIEC offices and arresting staff but insisted that the action was a preventive measure to avert criminal activity.
In an affidavit submitted by Inspector Ogunmokun Abiodun, the Police stated that the action “was based on credible suspicion of their involvement in activities deemed to have violated electoral laws and other applicable statutes.”
The deponent maintained that the claimants had exaggerated the circumstances and that the Police merely executed their duty of maintaining peace and order.
He denied any allegations of partisanship, asserting that the Police acted strictly within constitutional and statutory boundaries.
Reacting to the judgment, OSSIEC Chairman Hashim Abioye commended the judiciary for delivering justice and praised the legal team led by Maruf Adediran.
He remarked that history would remember what he described as the illegal attempt by the Nigerian Police to interfere with grassroots democracy in Osun State, and that future generations would appreciate the significance of the ruling.
Frequently Asked Questions
What was the outcome of the court's judgment?
The Federal High Court awarded N100 million in damages against the Inspector-General of Police, the Nigeria Police Force, and the Police Service Commission for unlawful actions taken to prevent the local government election in Osun State.
What actions were deemed unlawful by the court?
The court found the sealing of OSSIEC offices and the arrest of its staff to be unlawful, as the Nigerian Police failed to justify their actions with any law that had been violated.
Who filed the suit against the Nigerian Police?
The suit was filed by the Osun State Independent Electoral Commission (OSSIEC) and its Chairman, Barrister Hashim Abioye.
What did the claimants seek from the court?
The claimants sought declarations regarding the unlawful actions of the Nigerian Police and compensation for violations of their fundamental rights, as well as an injunction against future interference by the Police.
