Isiyaku Ahmed
In a moment widely seen as a victory for democracy and the rule of law, the Federal High Court in Kano has delivered a landmark judgement affirming the constitutional rights of six members of the Nigeria Patriotic Front Movement (NPFM), who were arrested in 2024 for planning a peaceful protest.
You may recall that on 30 September 2024, six activists, Barr. Yusha’u Sani Yankuzo, Comrade Abdulmajid Yakubu Daudu, Barr. Amina Bello, Comrade Anas Ado Ahmad, Comrade Sani Ibrahim Narogo, and Comrade Abdullahi Adamu Mandawari were taken into custody by operatives of the Department of State Services (DSS) and the Nigeria Police Force in Kano. The arrests came just ahead of the planned #EndBadGovernance protest scheduled for October 1.
The group, known for their vocal advocacy against economic hardship, food inflation, and worsening living conditions, were transferred to the Force Intelligence Department in Abuja.
There, they were held for two days and subjected to intense interrogations. Their release, much like their arrest, was sudden and without formal charges.
Refusing to be silenced, the six organisers in January 2025 filed a fundamental rights suit against the DSS and the Police. And on 23 July 2025, Justice S. A. Amobeda delivered what legal observers have described as a powerful and timely judgment.
In his ruling, Justice Amobeda declared that the arrest of the protest organisers was unconstitutional and amounted to a violation of their rights to freedom of expression, assembly, and movement as enshrined in Sections 35, 39, 40, and 41 of the Nigerian Constitution, and Article 9 of the African Charter on Human and Peoples’ Rights.
The judge went further, issuing a perpetual injunction restraining the security agencies and their agents from harassing, intimidating, or unlawfully arresting the applicants in the future.
In a strongly worded statement, Justice Amobeda noted: “By the provision of Section 40 of the 1999 Constitution as altered, every person including the Applicants has a right to peaceful protest and no restrictions shall be placed on it unless it is in the interest of national security, public safety, the prevention of disorder or crime, or the protection of health.
“It is clear that the planned protest of the Applicants hinged on national interest, which has to do with the harsh economic policies, hardship, and inflation affecting the citizens of the country.
“The Respondents should allow the Applicants to breathe, and breathe freely and exercise their rights to its fullest in a democratic society such as ours.”
For many Nigerians, this judgement resonates beyond the courtroom. It reaffirms that in a democracy, citizens must be free to speak up, assemble, and advocate for change, especially in times of hardship.
Human rights advocates and civil society organizations have hailed the ruling as a “watershed moment” and a critical reminder of the enduring power of the Constitution to protect citizens’ voices.
As the country continues to grapple with economic challenges, this court decision may well serve as a beacon, reminding both citizens and institutions alike that the democratic space must remain open, even in difficult times.
