Shock in Lagos: Five Year Old Files N50m Suit Against Police for Alleged Kidnap

A five-year-old girl has filed 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 taken and kept in Police custody without any court order. The suit was lodged at the Federal High Court in Lagos through her maternal grandmother, Mrs Goodness Apollos, who is acting as her “next friend”.

Justice Ambrose Lewis-Allagoa, presiding over the matter, has ordered the Area Commander and the other Respondents, to produce the child in court at the next adjourned date. The directive followed the granting of an ex-parte application moved by A. M. Ekpo, Counsel to the Applicant in suit number FHC/L/CS/2057/2025. The Judge ruled that the Respondents must appear with the girl, to show cause why the interim orders sought should not be granted.

Aside from the Area Commander, the other Respondents include the Commissioner of Police, Lagos State; the Nigeria Police Force; and two private individuals, Mr Chinedu Chigozie and Mr Kelvin Orwaraji. In the ex-parte application, the Applicant sought an order compelling the Police to immediately produce the child, and to identify the legal basis for her removal from her grandmother’s custody.

The Applicant also requested an interim order that, upon the child’s production, she should be returned to her grandmother pending the determination of the substantive motion and without prejudice to any decision that may later be made by a Family Court. The court was further urged to allow the processes to be served on the Respondents, through any method that guarantees timely notification.

In an affidavit supporting the application, Mrs Apollos alleged that the child was unlawfully detained for three days and made to sleep on a bare floor, which she described as degrading and inhuman treatment. After reviewing the application and the accompanying documents, Justice Lewis-Allagoa ordered the Respondents to appear with the child at the next hearing to justify their actions.

Hearing of the substantive suit, has been scheduled for November 24. In the suit, the Applicant relies on provisions of the Constitution, the African Charter on Human and Peoples’ Rights, and the Child’s Rights Act, arguing that the Police acted outside their legal authority in a matter that properly falls within the jurisdiction of the Family Court.

The reliefs sought include a declaration that the child’s removal and alleged ill-treatment violated her fundamental rights, an order restoring her to her grandmother’s custody, a perpetual injunction restraining further interference by the Respondents, a written public apology from the Police, and ₦50 million in damages for alleged unlawful abduction and abuse of Police powers. The Applicant also seeks 10% post-judgement interest, and the cost of the suit.