A five-year-old girl has filed a N50 million fundamental rights enforcement suit against the Nigeria Police Force and several other respondents over allegations that she was forcibly taken from her home and detained without a court order. The suit, filed at the Federal High Court in Lagos, was instituted on her behalf by her maternal grandmother, Mrs. Goodness Apollos.
Justice Ambrose Lewis-Allagoa, who is presiding over the matter, has ordered the Police to produce the child in court on the next adjourned date. The directive followed an ex-parte application filed by the applicant’s counsel, A. M. Ekpo, in suit number FHC/L/CS/2057/2025.
The respondents are the Area Commander of Area D Police Command, Lagos, Mr. Bamidele Awoniyi; the Commissioner of Police, Lagos State; the Inspector General of Police; and two private individuals, Mr. Chinedu Chigozie and Mr. Kelvin Orwaraji.
In the application presented before the court, Mrs. Apollos alleged that her granddaughter was unlawfully removed from her home by Police officers and kept in custody for three days under harsh and degrading conditions. She claimed that the child was made to sleep on a bare floor and was exposed to treatment that violated her dignity and fundamental rights.
After reviewing the application, Justice Lewis-Allagoa ordered that the Area Commander and other respondents produce the girl in court to show cause why the interim orders being sought should not be granted. The judge emphasised that the court must be satisfied that the actions taken by the Police were lawful and in line with Nigeria’s legal framework for handling cases involving minors.
The substantive motion in the case is scheduled to be heard on November 24, after the respondents comply with the directive to bring the child before the court.
Through the ex-parte motion, the applicant asked the court to compel the Police to immediately present the child and explain the legal basis for taking her. She also requested an interim order returning the girl to her grandmother’s custody while the case proceeds, stressing that any long-term arrangement should be handled by a Family Court, which is the legally recognised institution for resolving child custody matters in Nigeria.
The applicant further prayed the court to allow her to serve court documents on the respondents through any reliable means that would ensure prompt notification, given the urgency of the matter.
In addition to the request for the child’s return, the applicant is asking the court for a declaration that the actions of the Police amount to a violation of the girl’s fundamental rights. She is also seeking a perpetual injunction restraining the respondents from further interference, a public written apology, N50 million in damages, post-judgment interest at 10%, and the cost of the legal action.
The case draws heavily on several legal documents that outline the rights of children and the limitations of Police powers. The applicant cites the 1999 Constitution, particularly the provisions guaranteeing personal liberty, dignity, and fair hearing. She also relies on the African Charter on Human and Peoples’ Rights, which Nigeria has domesticated into law, and the Child’s Rights Act (CRA), which applies to Lagos State.
Under the Child’s Rights Act, issues relating to child custody, welfare, or removal from parental care fall under the exclusive jurisdiction of the Family Court. The Act also prohibits subjecting children to any form of torture, inhuman treatment, or degrading practices.
The case has drawn public attention because of increasing concerns about how law enforcement agencies handle matters involving children. Human rights groups have repeatedly criticised situations in which minors are detained alongside adults or kept in poor conditions.
Over the years, there have been calls for the Police to work more closely with Family Courts, child welfare departments, and social workers to avoid situations that expose children to trauma. Advocates argue that even in cases involving allegations of abuse or criminal concerns, minors must never be detained in regular Police cells or removed from their caretakers without judicial oversight.
The present case has again brought these issues to the forefront, with many observers noting that the court’s ruling could serve as an important precedent for protecting children’s rights in Nigeria.
As of the time of filing this report, the respondents, including the Area Commander, the Lagos State Commissioner of Police, and the two private individuals named in the suit have not issued public statements addressing the allegations. It remains unclear what led to the child’s removal or whether the Police believed they were acting under a complaint or directive.
The hearing scheduled for November 24 is expected to draw significant public interest, especially from civil society organisations working on child rights and police reforms. Many will be watching closely to see how the Police defend their actions and whether the court will grant the reliefs sought by the applicant.
