Delivering his judgment in a suit filed by the daughter of the deceased, Amaka Onyeabor, Justice Idris faulted the police for denying the deceased access to medical care while in detention.
"I hold that the Nigeria Police has failed in their responsibilities. The applicant has a right of liberty to live but was denied while in custody of the police, thereby leading to her life being terminated," the judge said.
Justice Idris added that "if the deceased had access to the hospital, she would not have died.
"The police deprived her opportunity to visit hospital for the treatment of her ailment. Therefore, the applicant deserves general damages in the sum of N100 million."
The deceased's daughter had slammed a N1 billion suit on the Inspector-General of Police (IGP) over the death of her mother.
Joined as co-respondents in the suit were the Lagos state Commissioner of Police and Assistant Commissioner of Police.
Amaka in an affidavit sworn to in support of amended originating motion filed before the court by her lawyer, Chief Anthony Idigbe(SAN) and brought pursuant to sections 6(6) (b), 33, 34, 35, 36, and 46 of the constitution of the Federal Republic of Nigeria 1999, as amended; Articles 4, 5, 6 and 7 of African Charter on Human and People's Rights (ratification and enforcement), Act Cap A9 laws of the Federation of Nigeria, 2004, is asking for a declarations that the unsubstantiated indictment in a letter, leading to the harassment, detention, and intimidation, humiliation and restriction of movement of her late mother since April 25, 2014, until her death on May 16, 2014, by the respondents are frivolous, vindicative, wicked, smack of gross impunity, is unlawful, unconditional and breach of the fundamental rights of the deceased.
She equally asked for an order directing the respondents to pay her family the sum of N1 billion, being general and aggravated damage for unlawful detention, harassment and intimidation of her late mother in breach of her fundamental rights that eventually led to her painful and premature death, the complete degradation, loss of reputation and goodwill of her late mother's family built by dint of hardwork, the collective shame and ostracism suffered by her entire family as a result of the lawless and abusive of her respondents.
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