5-year-old girl slams N50m rights suit on police area commander for illegal custody
A five year-old girl (name withheld) has instituted a N50 million fundamental rights enforcement suit against Bamidele Awoniyi, the Area Commander of Area D Police Command, Lagos State, and four others, before a Federal High Court, Lagos, for allegedly keeping her in their custody.
The girl instituted the suit against the respondents through her maternal grand mother, Goodness Apollos.
Other respondents in the suit alongside Area Commander are Nigerian Police Force; Commissioner Of Police, Lagos State; Chinedu Chigozie and Kelvin Orwaraji.
In the motion ex-parte, the applicant had prayed the court for the following reliefs: “An order directing the 1-3 respondents forthwith to produce the applicant (a five year-old child) before this Honourable court at the return date and to Identify the legal basis for her removal/withholding.
“An interim order that upon her production, the applicant be returned immediately to the care of her ‘Next Friend (Mrs. Goodness Apollos), as the status ‘quo ante, pending the determination of the motion on notice and without prejudice to any future family court determination.
“Leave to serve the originating process, this order and further processes on the 1st-3rd respondents by any means likely to ensure prompt notice service on the OC Legal/OC Admin at Police Command Headquarters, Ikeja.
“And for such further order or other orders as this Honourable Court may deem just to make in the circumstances.
The lawyers have told the court that the motion is supported with affidavit and affidavit of non- multiplicity deposed to by applicant’s grand mother, Mrs. Goodness Apollo, written address and other documentary exhibit.
The suit is brought pursuant to sections 34, 36 and 46 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended); Articles 4, 5 and 6 of the African Charter on Human And Peoples’ Rights (Ratification And Enforcement) Act. CAP 49, Laws of the Federation of Nigeria 2004; Sections 1,9, 11,14, 30 and 149 Of The Child’s Right Act, 2003 and under the court’s inherent jurisdiction.
In the suit, the applicant is asking the court for the following reliefs: ”a declaration that the forceful removal of the applicant, Miss Chidimma Apollos (a minor, aged 5 years) from the custody of her grandmother, Mrs. Goodness Apollos, by officers of the Ist to 3rd respondents at the instigation of the 4th and 5th respondents, without any lawful court order, constitutes a violation of her fundamental rights guaranteed under Sections 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 4, 5, and 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and Sections 1, 9, and 14 of the Child’s Rights Act 2003.
“A declaration that the degrading and inhuman treatment meted out to Miss Chidimma when she was unlawfully detained in the custody of the police for three days and forced to sleep on the bare floor constitutes a violation of her rights under Section 34(1 (a) of the Constitution, Sections 11 and 30 of the Child’s Rights Act, and Article 5 of the African Charter.
“A declaration that the respondents acted ultra vires, illegally, and without jurisdiction in interfering in a custody matter, which under Section 149 of the Child’s Rights Act 2003 falls exclusively within the jurisdiction of the Family Court.
“An order restoring the status quo ante by returning the applicant to the care of her Next Friend forthwith, pending the lawful determination of custody by the Family Court pursuant to Sections 149-152 Child Rights Acts.
“An order of perpetual injunction restraining the respondents, their agents, privies and assigns from further harassing, intimidating, abducting, or unlawfully interfering with the custody of Miss Chidimma except by an order of a competent court.
“An order awarding general and exemplary damages in the sum of N50, 000,000.00 (Fifty Million Naira) jointly and severally against the respondents for unlawful abduction/detention, abuse of police powers and violation of the applicant’s fundamental rights.
“An order directing the 2nd—3rd respondents to render a written public apology to the applicant, and to adopt measures preventing the use of police stations as holding centres for children
“Post-judgment interest at 10% per annum on the judgment sum until liquidation. And an order awarding the cost of this action against the respondents.”
In a short ruling, Justice Ambrose Lewis-Allagoa, the presiding judge, ordered the Area Commander and other respondents to produce the five year-old in court by next hearing date of the suit.
Justice Lewis-Allagoa made the order while granting a motion ex-parte filed by Kingsley O. Nwachukwu but argued by A. M. Ekpo, lawyers to the applicant in the suit marked FHC/L/CS/2057/2025.
Justice Lewis-Allagoa held that after careful consideration of the application and submission of counsel, ordered the respondents to appear with the child on the next adjourned date to show cause why the ex-parte order should not be granted.
