Court Sanctions Police for Electoral Interference

In a stern rebuke to police overreach in democratic processes, a Federal High Court sitting in Osogbo has awarded a massive N100 million in damages against the Inspector-General of Police, the Nigeria Police Force, and the Police Service Commission. The judgment holds the security agencies liable for their unlawful actions, which were intended to halt the local government election scheduled in Osun State for February 22, 2025. This ruling sets a powerful judicial precedent affirming the constitutional independence of state electoral bodies.

Justice A.A. Demi-Ajayi, in the judgment delivered on Monday in suit number FHC/OS/CS/41/2025, ruled definitively that the “sealing of the Osun State Independent Electoral Commission, OSSIEC, offices and the arrest of its staff were unlawful.” The core of the ruling rested on the finding that the Nigerian Police utterly failed to present any law that had been breached to justify the preemptive and coercive measures taken against the electoral body just hours before citizens were due to vote. Furthermore, Justice Demi-Ajayi noted that the evidence before the court clearly demonstrated that the local government election was conducted in line with relevant provisions of the Electoral Act 2022 and other enabling laws, thus rejecting the premise of the police intervention entirely.

The legal action was spearheaded by OSSIEC and its Chairman, Barrister Hashim Abioye. Their suit sought several critical declarations, chiefly that the Nigerian Police had acted outside the bounds of the law by sealing the commission’s offices and arresting its ad-hoc officers. The claimants argued that the police conduct amounted to political partisanship and constituted a flagrant violation of their fundamental rights to liberty, private life, dignity, and property, rights explicitly guaranteed under Chapter IV of the 1999 Constitution and the African Charter on Human and Peoples’ Rights. The claimants emphasized the grievous nature of the police operation, describing it as an affront to the judiciary since the election had previously been sanctioned by a court order. While initially seeking aggravated damages of N2 billion, the court’s award of N100 million in general damages affirmed the severe constitutional violation. They also successfully prayed the court to grant a perpetual injunction, restraining the IGP and his agents from any future interference with the commission’s lawful responsibilities.

In its defense, the Nigerian Police admitted to sealing the OSSIEC offices and arresting staff. However, they maintained that their action was justifiable, not as an act of political interference, but as a necessary preventive measure to curb the commission of crime. This position was supported by an affidavit deposed to by Inspector Ogunmokun Abiodun, who insisted the police intervention “was founded on the credible suspicion their engagement in actions deemed to have violated the Electoral laws and other applicable laws.” The deponent denied any accusation of partisanship, asserting that the Police merely performed its duty of maintaining peace and order within constitutional and statutory limits. This defense was ultimately dismissed by the court.

Reacting to the judgment, OSSIEC Chairman Hashim Abioye expressed profound satisfaction with the outcome, praising the judiciary for upholding justice and acknowledging the efforts of his legal team led by Maruf Adediran. Abioye framed the judgment as a historic moment for grassroots democracy in Osun State, stating that history has now clearly documented what he described as the illegal attempt by the Nigerian Police to interfere with the democratic process, adding that future generations would fully recognize the significance of the ruling in protecting electoral independence. The verdict firmly draws a line against the use of state security apparatus to undermine legitimate electoral processes in Nigeria.