Alleged kidnap: Five-year-old files suit against police in Lagos
A five-year-old girl has instituted a N50 million fundamental rights enforcement suit against the Area Commander of Area D Police Command, Lagos, Mr. Bamidele Awoniyi, the Nigeria Police Force, and three others over allegations that she was unlawfully removed from her home and detained without a court order.
The suit, filed at the Federal High Court in Lagos, was brought on the child’s behalf by her maternal grandmother, Mrs Goodness Apollos, who is acting as her next friend.
At the last sitting, presiding judge Justice Ambrose Lewis-Allagoa ordered the Area Commander and the other respondents to produce the child in court on the next adjourned date.
The directive followed the granting of an ex-parte application presented by the applicant’s counsel, A. M. Ekpo, in suit number FHC/L/CS/2057/2025.
The court ruled that the respondents must appear with the minor to show cause why the interim orders being sought should not be granted.
In addition to the Area Commander, the respondents include the Commissioner of Police, Lagos State, the Nigeria Police Force, and two private individuals, Mr Chinedu Chigozie and Mr.m Kelvin Orwaraji.
Through the ex-parte motion, the applicant sought an order compelling the Police to immediately present the child in court and explain the legal basis for taking her into custody.
The applicant also asked the court to order that, once the child is produced, she be returned to her grandmother pending the hearing of the substantive motion, without prejudice to any future decision that may be issued by a competent Family Court.
The court was also told urged to permit service of processes through any reliable means that ensures timely notification to all respondents.
In an affidavit supporting the application, Mrs Apollos alleged that the girl was held for three days in Police custody, forced to sleep on a bare floor, and subjected to what she described as degrading and inhuman treatment.
Justice Lewis-Allagoa, after reviewing the materials before the court, directed the respondents to appear with the child at the next hearing to justify their actions.
The substantive suit is expected to be heard on November 24.
The applicant relies on provisions of the 1999 Constitution, the African Charter on Human and Peoples’ Rights, and the Child’s Rights Act, arguing that the Police acted outside their powers in a matter that should fall under the exclusive jurisdiction of the Family Court.
The reliefs sought include a declaration that the child’s removal and alleged ill-treatment amount to a violation of her fundamental rights; an order restoring her to her grandmother’s custody; a perpetual injunction restraining the respondents from further interference; a public written apology; N50 million in damages; 10% post-judgment interest; and the cost of the action.
Dailypost
