Federal Court Upholds Nigerians’ Right to Peaceful Protest, Declares Arrest of Six Activists Unconstitutional
A Federal High Court in Kano has delivered a landmark ruling affirming Nigerians’ constitutional right to peaceful protest, declaring the arrest and detention of six members of the Nigeria Patriotic Front Movement (NPFM) by security forces as unlawful and a gross violation of their fundamental rights.
The six activists—Barrister Yusha’u Sani Yankuzo, Comrade Abdulmajid Yakubu Daudu, Barrister Amina Bello, Comrade Anas Ado Ahmad, Comrade Sani Ibrahim Narogo, and Comrade Abdullahi Adamu Mandawari—were arrested on September 30, 2024, by operatives of the Department of State Services (DSS) and the Nigeria Police in Kano, ahead of a planned #EndBadGovernance protest scheduled for October 1.
They were transported to the Force Intelligence Department (FID) in Abuja, detained for two days, and interrogated. Despite being released without charges, the activists filed a fundamental rights enforcement suit in January 2025, challenging their arrest and detention as unconstitutional.
Delivering judgment on July 23, 2025, Justice S.A. Amobeda ruled in favour of the applicants, stating unequivocally that their arrest violated Sections 35, 39, 40, and 41 of the Nigerian Constitution, as well as Article 9 of the African Charter on Human and Peoples’ Rights.
Justice Amobeda condemned the actions of the DSS and police as an attempt to stifle constitutionally guaranteed freedoms, including the right to freedom of expression, association, and peaceful assembly.
In his words:
“The arrest of the applicants by the respondents with the sole aim of preventing a peaceful protest against economic hardship and food inflation constitutes a gross violation of their fundamental rights.”
The court issued a perpetual injunction restraining the DSS, Police, and their agents from further harassing, intimidating, or arresting the six individuals over their involvement in peaceful demonstrations.
Justice Amobeda further emphasized:
“Section 40 of the 1999 Constitution grants every citizen the right to peaceful protest. The protest planned by the applicants was in the national interest, addressing pressing socio-economic challenges. The respondents must allow the applicants to breathe and exercise their rights in full.”
Reacting to the judgment, Barrister Yusha’u Sani Yankuzo, one of the applicants and Organising Secretary of the NPFM, described the ruling as a “monumental victory for democracy and the rule of law in Nigeria.”
The judgment has been widely hailed by civil rights advocates as a reaffirmation of citizens’ constitutional freedoms amid rising concerns over shrinking civic space in Nigeria.
