ii) It is hereby declared that the arrest and detention of the Applicant, a
nursing mother, with her three children at Area 10 Police Station, Abuja,
from 22 March 2011 to date by the Respondents is arbitrary, illegal,
unlawful and contrary to Section 222 (4) of the Child Rights Act, Cap 50,
2003 and therefore constitutes a gross violation of the Applicant’s
fundamental rights to personal liberty and freedom of movement as
guaranteed under Sections 35 (1) (4) (5b) and 41 of the 1999 Constitution of
the Federal Republic of Nigeria; and Articles 6 and 12 of the African Charter
on human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. 10
laws of the Federation of Nigeria 1990, therefore illegal and
unconstitutional;
iii) It is hereby declared that the starvation of the Applicant, a nursing mother,
with her three children in Police detention at Area 10 Police Station Officers
action for or on behalf of or as agents of the Respondents amounts to
physical and mental torture, contrary to Section AA of the Child Rights Act,
Cap 50, 2003 and therefore constitutes gross violations of the Applicant’s
fundamental rights to dignity of human person, as guaranteed under
Section 35 (1) (a) of the 1999 Constitution of the Federal Republic of Nigeria;
and Article 6 of the African Charter on human and Peoples’ Rights
(Ratification and Enforcement) Act, Cap. 10 laws of the Federation of
Nigeria 1990, therefore illegal and unconstitutional;
iv) The Respondents, that is the Inspector General of Police and the
Commissioner of Police FCT Abuja are hereby ordered to release the
Applicant with her three children or detain them in any Special Mother’s
Centre in Abuja; (…)
v) The sum of 1,000,000.00 Naira is granted the Applicant and her three
children for unlawful detention without arraignment from March, 2011 to
date against the Respondents, the Inspector General of Police and the
Commissioner of Police FCT Abuja.”
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