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Federal Court Orders Bank and Police Pay Nursing Mother N2.2 Million for Unlawful Arrest

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AWKA, Nigeria — A Federal High Court in Awka, the capital of Anambra State, has ordered Isuofia Microfinance Bank Limited and the police to pay N2.2 million to Ohadugha Chizara, a nursing mother, for her unlawful arrest and detention.

Chizara and her six-month-old baby were held at the Okpoko police cell in relation to a loan transaction.

The judgment, delivered by Justice F. I. Riman on Friday, July 28, 2023, directs the police, the bank, and two individuals named Nwafor Okechukwu and Nwoke Ifeoma to pay the sum of N2 million to the plaintiff.

The judge also ordered the respondents to pay an additional N200,000 as exemplary damages for violating Chizara’s fundamental rights.

The case, filed with suit No: FHC/Awka/CS/121/2022, was brought by Chizara against Isuofia Microfinance Bank Ltd, the Commissioner of Police for Anambra State, and several other respondents.

Chizara’s counsel, F.N Asogwa Esq of His Grace Chambers, sought N100 million in compensation and general damages for the violation of her client’s fundamental rights, including rights to life, dignity, personal liberty, and freedom of movement, as well as N50 million in exemplary damages.

Although the awarded sum is significantly lower than sought, the judgment emphasizes the importance of upholding fundamental human rights. It sets a precedent that might deter potential violations by police and other entities.

The court also granted an injunction restraining the respondents from further violating, infringing, and breaching Chizara’s rights as enshrined in the 1999 Federal Republic of Nigeria constitution.

This judgment is one of several legal cases highlighting concerns over police conduct in Nigeria and the need for greater accountability.

The issue of unlawful detention and harassment is a recurring problem that continues to challenge the legal and justice system in the country.

The specific details of the loan transaction that led to Chizara’s arrest were not provided, and it remains unclear what consequences the bank or the involved individuals may face beyond the monetary damages ordered by the court.

Observers and human rights activists will likely see this ruling as a positive step in holding institutions and law enforcement accountable for their actions.

However, much work remains to be done to ensure that such violations become a thing of the past in Nigeria.

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