The Federal Capital Territory High Court in Gudu, Abuja, rendered a judgment on January 18, ordering the Inspector-General of Police to pay N50 million in damages to Prof Zainab Abiola, the widow of the late Chief M. K. O. Abiola. The court’s decision stemmed from an incident in September 2022 when the police arrested and paraded Prof Zainab Abiola while she was only wearing a nightgown.
In the detailed judgment delivered by Justice Modupe Osho-Adebiyi, the court found that the police had violated Prof Abiola’s fundamental rights. It held that her detention from September 20, 2022, to September 23, 2022, without being brought before a court of competent jurisdiction was a clear infringement of her right to personal liberty as outlined in Section 35 of the constitution, rendering it unlawful and unconstitutional.
Furthermore, the court declared that the arrest itself, conducted while Prof Abiola was in her nightgown without the opportunity to dress decently, was an infringement of her right to personal dignity. The court emphasized the degrading nature of parading her in such a state and deemed it a further violation of her right to personal dignity.
As a remedy, the court ordered a compensation of N50 million to be paid jointly by the first, second, and fourth respondents, which include the Inspector-General of Police, the Nigeria Police Force, and Engineer Ibrahim (son of former IGP Usman Alkali Baba). Additionally, the court directed the respondents to issue a public apology to Prof Abiola in two national daily newspapers, in line with the provisions of Section 35 (6) I of the constitution of the Federal Republic of Nigeria, 1999 (as amended).
The case originated from allegations of assault against a female police officer, Inspector Teju Moses, and Prof Abiola’s domestic staff, Rebecca Enechido. Prof Abiola filed a fundamental human rights enforcement suit against the Inspector-General of Police, the Nigeria Police Force, Inspector Teju Moses, and Engineer Ibrahim. Throughout the legal proceedings, Prof Abiola maintained that the arrest was conducted in 2022 when police officers invaded her residence in Abuja, detaining and torturing her for three days without trial. The respondents, in their defense, denied knowing her and contested the validity of her claims, urging the court to dismiss the suit. However, the court sided with Prof Abiola, highlighting the gross violations of her rights by the defendants.
