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Lawyer Drags Gombe Govt, Police To Court Over ‘Unlawful’ Ban On Motorcycles

Lawyer Drags Gombe Govt, Police To Court Over ‘Unlawful’ Ban On Motorcycles
  • PublishedAugust 31, 2025

A Gombe-based lawyer, Usamatu Abubakar, has taken the Gombe State Government and the state police commissioner to the Federal High Court in Abuja, challenging what he described as an unlawful restriction of his fundamental right to freedom of movement.

The respondents in the case are the Governor of Gombe State, the Attorney General of Gombe State, and the Commissioner of Police, Gombe State.

Abubakar is seeking N50 million as general, exemplary and compensatory damages over the restriction of motorcycle use in the state between 7:00 pm and 6:00 am, which began on June 11, 2025.

He argued that the ban has no legal backing since no law was passed by the Gombe State House of Assembly to authorise it.

In his motion, filed under Chapter Four of the 1999 Constitution (as amended), the lawyer is asking the court to declare the restriction a violation of his rights under Section 41(1) of the Constitution.

He also wants the court to order the immediate lifting of the ban, the unconditional release of seized motorcycles, and a perpetual injunction restraining the respondents from further interfering with his right to movement without a valid law.

Other reliefs sought include a written public apology to be published in two national newspapers and on the police commissioner’s social media accounts, payment of N50 million as damages, and N5 million as legal costs with 10 per cent annual interest until liquidation of the judgment sum.

Abubakar explained in his affidavit that as a practising lawyer, he works late and depends on his motorcycle for commuting. He said the restriction has left him and other residents stranded, disrupted religious activities, and even prevented him from taking his sick wife to the hospital one night.

He described the ban as a product of police overreach, stressing that a press release cannot amount to law in a democratic setting.

“That I know for a fact by my training as a lawyer that a mere press release by the 3rd Respondent cannot amount to a valid law in a democratic state like Gombe,” he said.

Abubakar added that the governor publicly backed the directive even though no law was enacted to support it, while police officers have been confiscating motorcycles of those caught riding after 7 pm.

He revealed that he had written to the Commissioner of Police under the Freedom of Information Act on June 22, 2025, requesting clarification on the restriction, but got no response. His counsel also wrote to the governor on July 24, 2025, appealing for the ban to be lifted, but the plea was ignored.

According to him, the restriction has thrown residents into panic and disrupted essential activities, “Once 7 pm is approaching in Gombe, everywhere is turned into panic and chaos, as this restriction has now disrupted sectors that are essential to daily lives.”

Citing Section 41 of the 1999 Constitution, he insisted that the restriction is unconstitutional since no law authorises it. He urged the court to compel the respondents to lift the ban, apologise, and pay compensation.

The matter is yet to be assigned a hearing date, but Abubakar has asked that it be heard at 9:00 am or as soon thereafter as counsel may be heard.