ii) Consideration of the new evidence.
16.The Court notes that Mrs. Sa’adatu Umar took a case before the Judge at the
Federal High Court, Abuja, in which she sought the following reliefs:
i) “A declaration that the arrest and detention of Applicant, a nursing mother,
with her three children at Bauchi Police Station, Bauchi State, and Area 10
Police Station, Abuja, respectively from 20 March to date without
arraignment in a Court of Law, by the Respondents is arbitrary, illegal,
unlawful and constitutes a gross violation of the Applicant’s fundamental
rights to personal liberty and freedom of movement as guaranteed under
Section 9 of the Child Rights Act, Cap 50, 2003; 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;
ii) A declaration that the arrest and detention of 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) A declaration that the starvation of the Applicant, a nursing mother, with
her three children 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
6