By Achadu Gabriel, Kaduna
A Federal High Court sitting in Kaduna has slammed N900 million in damages against former Governor of Kaduna State, Mallam Nasiru El-Rufai and five others on charges of violations of multiple fundamental human rights and arbitrary imprisonment of Adara elders of Southern Kaduna, Kaduna State, North-Central Nigeria, during his tenure as Governor.
El-Rufai served eight years of two four-year terms each as governor, from 2015-2023.
The landmark judgment was delivered on Tuesday, May 27, 2025, by Justice Hauwa’u Buhari.
Mr. Awemi Dio Maisamari and eight other Southern Kaduna elders, plaintiffs/applicants in the matter, were victims of the illegal detention in 2019 during the administration of El-Rufai.
Jubilating over the verdict, which will have wider implications, counsel to the plaintiffs, Gloria Mabeiam Ballason Esq., who led S.A. Alkali Esq. and J.N. Buzun Esq., described the judgment as a landmark achievement against abuse of fundamental human rights and abuse of power by former Governor El-Rufai.
She hailed the judgment as a watershed against abuse of power and accountability for abuse, whether the occupants of the office are temporarily shielded by immunity or not.
While El-Rufai, the first respondent, was sued in his personal capacity, the 2nd respondent was the Governor of Kaduna State.
The 3rd-5th respondents on the matter were the Nigerian Police Force (NPF), the Inspector General of Police (IGP), and the Commissioner of Police (CP) of Kaduna State, respectively.
Justice Buhari had earlier in the proceedings ruled against the preliminary objections filed by the respondents challenging the jurisdiction of the court with the claim that the Federal High Court was not the right court to hear the matter.
The respondents further argued that the time of setting down the case for hearing exceeded seven days and that the wrongful imprisonment was in tort and not under fundamental human rights.
However, dismissing these arguments, the court held that there are no merits in the preliminary objection and proceeded to deliver its judgment.
In delivering judgment, Justice Buhari granted an order of compensation in the sum of N900 million against El-Rufai for arbitrary arrest which it said he personally orchestrated.
The sum of N10 million was awarded in general damages and another sum of N10 million in special damages against the 3rd-5th respondents.
Speaking with newsmen, Ballason disclosed that the case was filed after El-Rufai had left office, saying this explains why he was sued in his personal capacity as the first respondent.
According to her, when people in authority enjoy immunity, it does not warrant executive lawlessness.
The 2nd and 6th respondents were represented by J.A. Danazumi Esq., State Solicitor General, and Koni Tauna Esq., while Sirajo Mohammed Esq. represented the 3rd, 4th and 5th respondents.
The applicant/plaintiff, Mr Maisamari, who was at the time of his arrest the national president of Adara Development Association, was arbitrarily arrested during a town hall meeting following the questionable and curious circumstances of the murder of the paramount ruler of Adara kingdom, Dr. Raphael Maiwada Galadima, who was kidnapped and murdered while returning home from Kaduna after a meeting with then-Governor El-Rufai.
The first respondent, El-Rufai, who was Governor of Kaduna State at the time, and had convened the town hall meeting, personally ordered the Police to arrest Mr. Maisamari after labelling him as “part of the security problem” in Kajuruland of the state.
Maisamari who was arrested and detained along with eight other Adara elders including a former Commissioner, Engr. Bawa Magaji, and a former Commissioner of Police, were later released after several months, on the advice of the Attorney General who found nothing incriminating against them.
When contacted for their reaction to the judgment, counsel to the respondents, Barrister Danazumi, who is the State Solicitor General, declined comment.
