The Plaintiffs on their part states that they were out with friends having alighted from the official vehicle. The Defendant has not controverted this fact. The Defendant placed reliance on Section 406 (d) of the Penal Code LFN 2004 which defines an idle person to include: “Any common prostitute behaving in a disorderly or indecent manner in a particular public place or persistently importuning or soliciting persons for the purpose of prostitution.” No evidence was led to suggest that the Plaintiffs were seen conducting themselves in a way suggestive of prostitution as provided in the above section The only reason proffered by the Defendant is that the Plaintiffs were outside at late hours of the night. There is however no law prohibiting women staying outside at night. In Wloch V. Poland, 27785/95 19 October 2000 (109), the European Court was of the view that the existence of a “reasonable suspicion” within the meaning of 5(1)(c) of the European Convention requires that the facts relied on can be reasonably considered as falling under one of the sections describing criminal behavior in the criminal code. Thus, there could clearly not be a “reasonable suspicion” if the acts or facts held against a detained person did not constitute a crime at the time when they occurred. The use of the word prostitute or “Ashawo” on the Plaintiffs is humiliating, derogatory and degrading to their persons. The Defendant having failed to provide any reasonable justification for its allegation and use of such degrading 37

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