Widow slams IGP, AGF, others with N1bn suit for unlawful detention of stolen child

A 54-year-old widow and hairdresser, Dikeocha Rosemary Chidebere, has filed a N1billion fundamental rights enforcement suit against the Nigeria Police Force and the Inspector General of Police over the alleged continued detention of her teenage son, Chinweotito Dikeocha, who was stolen from her some six years ago.

Other defendants in the suit marked: FHC/ABJ/CS/510/2026, are the Police Service Commission (PSC); the Attorney General of the Federation and Minister of Justice; Inspector Desmond Abella (the Investigation Police Officer) and Audu Garba (the Prosecutor).

In the originating summons brought pursuant to some sections of the Child Rights Act and the 1999 constitution, the applicant, through her counsel, Kelvin Emeka Okoro, is seeking an other of court that the detention and continued detention of her son from September 10, 2020 till date after Deoxyribonucleic Acid (DNA) test was conducted in her favour is unconditional, unlawful and flagrant violation of her fundamental rights as enshrined in both sections of the Child Rights Act and the 1999 constitution.

In addition, the widow wants an order of court directing the Nigeria Police Force to produce her child Chinweotito Dikeocha before the court for identification and possible release to her as the biological mother.

The applicant is demanding the sum of N1billion from the respondents jointly and severally, as compensation for unlawful detention of her son from September 10, 2020 till date, loss of mother’s care, welfare, maintenance amongst others and general damages.

In her 34 paragraphs affidavit in support of the suit, the applicant averred that her son, Chinweotito Dikeocha, who was born on November 2, 2012 in Ogwa, Umuezealeze, Mbaitoli Local Government Area of Imo State was attending primary school at No.1 Emene, Enugu State as at the time he was stolen.

The applicant said she was living with her child when he got missing on January 14, 2019. That on January 14, 2019, her son was playing with his fellow children within the premises, when he got missing.

That her son among other children were rescued by the Police and brought before the Nigeria Television Authority (NTA), Channel 24 news by the then Force Public Relation Officer (FPPRO), DCP Frank Mba, who announced that parents who lost their children should come forth to identify them.

That upon getting the information, she travelled to Abuja where she was referred to Intelligence Response Team (IRT) at old Abattoir, Area 11, Abuja.

That among five contending women, the 1st to 4th respondents conducted Deoxyribonucleic Acid (DNA) test, supervised by an Anatomic Pathologist, a Forensic Expert and the DNA proved that she is the biological mother of the child.

“The DNA test result read that the mother, Dikeocha Rosemary Chidebere, cannot be excluded as the biological mother of the child based on the DNA results which revealed 99.99% probability of maternity.”

That after the test was announced on September 10, 2020, she demanded for the release of her child to her, but till date the police has refused to release him from their custody.

This is after series of letters were written to the respondents on the subject matter.

“The 1st -4th respondents promised to release my son to me after I must have written statement to the police as a prosecution witness for the purpose of prosecuting the suspects who were alleged to have stolen my son but unfortunately, after making extra judicial statement to them, they still refused and neglected to release my biological son to me.

“The suspects were charged to the High Court of the Federal Capital Territory, court 4, where the applicant was asked to give evidence as 2nd prosecution witness with a promise to release her son. However, after her evidence, the 1st -4th respondents still refused to release her son.

That as a poor widow the pains and cost of travelling by night from Imo State and sometimes from Enugu to Abuja for the purpose of release of her child is unbearable.

That the continued detention of her child and separation of same from the biological mother is a gross violation of her rights and that of her child.