IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION

HOLDEN AT ABUJA

SUIT
NO: .................................................

IN THE MATTER OF AN APPLICATION BY LANCE CORPORAL MRS VICTORIA

IDAKPINI FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS TO FREEDOM
OF MOVEMENT AND PERSONAL LIBERTY PRESERVED UNDER AND PURSUANT TO
SECTION 35 (1), (2), (3), (4), (5), (6), (7) AND SECTION 41 (1), (2) OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)
AND ARTICLES 5, AND 17 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’
RIGHT (RATIFICATION AND ENFORCEMENT) ACT
AND
IN THE MATTER OF FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES
2009 MADE BY THE CHIEF JUSTICE OF NIGERIA PURSUANT TO SECTION 46 OF
THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999(AS AMENDED)
BETWEEN
MRS VICTORIA IDAKPINI -------
APPLICANT
AND
1. THE NIGERIAN ARMY

2. CHIEF OF ARMY STAFF

RESPONDENTS

3. ATTORNEY GENERAL OF THE FEDERATION

ORIGINATING MOTION ON NOTICE

BROUGHT PURSUANT TO ORDER II RULES 1 – 5 OF THE FUNDAMENTAL RIGHTS
(ENFORCEMENT PROCEDURE) RULES, 2009 AND UNDER THE INHERENT
JURISDICTION OF THE HONOURABLE COURT
TAKE NOTICE that this Honourable Court shall be moved on …………… day of ……………….
2020 at the hour of 9 O’ clock in the forenoon or so soon thereafter as Counsel may be
heard on behalf of the Applicant praying this Honourable Court for the following reliefs.
A. A DECLARATION that the continued detention of the Applicant at the
headquarters of the 1st and 2nd Respondents for more than 24 hours running
without a court order is unlawful, wrongful and violates the Applicant’s
fundamental right to freedom of movement which the law guarantees under 35
(1) and (2) (a -c), Constitution of the Federal Republic of Nigeria, (1999) as
 amended.

B. A DECLARATION that the refusal of the 1st and 2nd Respondents to notify the
Applicant in writing about the grounds and facts of the Applicant’s arrest within
24 hours of the arrest is a gross violation of the Applicant’s fundamental human
rights under Section 35 (3) of the 1999 Constitution of the Federal Republic of
Nigeria as amended.

C. A DECLARATION that the refusal of the 1 st and 2nd Respondents to allow the
Applicant have access to his Lawyers and relatives is illegal and offends the
provision of Section 35 (2) of the 1999 Constitution of the Federal Republic of
Nigeria as amended.

D. AN ORDER of this Honourable Court compelling or otherwise directing the

Respondents to release the Applicant forthwith from their custody
unconditionally.

E. AN ORDER of this Honourable Court, directing the Respondents to issue a public

apology to the Applicant on the cover pages of 3 (three) different notable
national dailies owing to the unlawful violation of the Applicant’s fundamental
human rights.

F. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents whether

by themselves, agents, privies, servants, representatives or anybody whosoever
acting for and on their behalf from further violating the Applicant’s fundamental
human rights in any unlawful manner.

G. FOR SUCH FURTHER ORDER(S) as this honourable may deem fit to make in the
circumstances of this case.

AND TAKE FURTHER NOTICE that at the hearing of this application, the Applicant shall
rely on the affidavit and exhibits referred to herein.
Dated this…………..day of …………………………., 2020

……………………………….
Tope Akinyode, Esq.,
Abimfoluwa Onibokun, Esq.,
A.J Adeyeymo, Esq.,
Paul Akande, Esq.,
Applicant’s Counsel
Broadwing Attorneys
1, Adekunbi Crescent,
Ikeja, Lagos
08020920443

Broadwingattorneys@gmail.com
 ADDRESS FOR SERVICE
WITHIN
JURISDICTION
Falana & Falana Chambers
22, Mediterranean Street,
Maitama, FCT, Abuja.

FOR SERVICE ON:

1. THE 1ST RESPONDENT
Army Headquarters
Area 7, Garki, Abuja. FCT

2. THE 2ND RESPONDENT

Army Headquarters
Area 7, Garki, Abuja. FCT

3. THE 3RD RESPONDENT

Federal Ministry of Justice
HQ Plot 71B Shehu Shagari Way, Maitama

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT
NO: .................................................
BETWEEN
MRS VICTORIA IDAKPINI -------
APPLICANT
AND
1. THE NIGERIAN ARMY

2. CHIEF OF ARMY STAFF

RESPONDENTS

3. ATTORNEY GENERAL OF THE FEDERATION

STATEMENT PURSUANT TO ORDER II RULES III AND V OF THE FUNDAMENTAL

RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009
1. NAME AND DESCRIPTION OF THE APPLICANT
The Applicant is MRS VICTORIA IDAKPINI, wife of a Nigerian Soldier Lance Corporal
Martins Idakpini of the Nigerian Army.

2. RELIEFS SOUGHT BY THE APPLICANT

A. A DECLARATION that the continued detention of the Applicant at the
headquarters of the 1st and 2nd Respondents for more than 24 hours running
without a court order is unlawful, wrongful and violates the Applicant’s
fundamental right to freedom of movement which the law guarantees under 35
(1) and (2) (a -c), Constitution of the Federal Republic of Nigeria, (1999) as
amended.

B. A DECLARATION that the refusal of the 1st and 2nd Respondents to notify the
Applicant in writing about the grounds and facts of the Applicant’s arrest within
24 hours of the arrest is a gross violation of the Applicant’s fundamental human
rights under Section 35 (3) of the 1999 Constitution of the Federal Republic of
Nigeria as amended.

C. A DECLARATION that the refusal of the 1 st and 2nd Respondents to allow the
Applicant have access to his Lawyers and relatives is illegal and offends the
provision of Section 35 of the 1999 Constitution of the Federal Republic of
Nigeria as amended.

D. AN ORDER of this Honourable Court compelling or otherwise directing the

Respondents to release the Applicant forthwith from their custody
unconditionally.

E. AN ORDER of this Honourable Court, directing the Respondents to issue a public

 apology to the Applicant on the cover pages of 3 (three) different notable
national dailies owing to the unlawful violation of the Applicant’s fundamental
human rights.

F. AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents whether

by themselves, agents, privies, servants, representatives or anybody whosoever
acting for and on their behalf from further violating the Applicant’s fundamental
human rights in any unlawful manner.

G. FOR SUCH FURTHER ORDER(S) as this honourable may deem fit to make in the
circumstances of this case.

3. GROUNDS UPON WHICH RELIEFS ARE SOUGHT

1. By virtue of 35 (1) and (2) (a -c), Constitution of the Federal Republic of Nigeria,
(1999) as amended, the continued detention of the Applicant at the headquarters
of the 1st and 2nd Respondents for more than 24 hours running is unlawful,
wrongful and violates the Applicant’s fundamental right to freedom of
movement.

2. Under Section 35 (3) of the 1999 Constitution of the Federal Republic of Nigeria
as amended, the refusal of the 1st and 2nd Respondents to notify the Applicant in
writing about the grounds and facts of the Applicant’s arrest within 24 hours of
the arrest is a gross violation of the Applicant’s fundamental human rights.

3. The 1st and 2nd Respondents have violated Section 35 (2) of the 1999 Constitution
by their refusal to allow the Applicant have access to his Lawyers and relatives.

4. This Honourable Court is duty-bound to compel or otherwise direct the

Respondents to release the Applicant forthwith from their custody
unconditionally pursuant to Section 35 (2) of the 1999 Constitution.

5. By virtue of Section 35 of the 1999 Constitution, this Honourable Court is duty-

bound to direct the Respondents to issue a public apology to the Applicant on the
cover pages of 3 (three) different notable national dailies owing to the unlawful
violation of the Applicant’s fundamental human rights.

6. Pursuant to Section 46 (1) of the 1999 Constitution of the Federal Republic of

Nigeria, unless the Respondents are restricted and prevailed upon from further
violating the Applicant’s fundamental human rights, irreparable damages may
have been visited on the constitutional rights of the Applicant.

Dated this…………..day of …………………………., 2020

……………………………….
Tope Akinyode, Esq.,
Abimfoluwa Onibokun, Esq.,
 A.J Adeyeymo, Esq.,
Paul Akande, Esq.,
Applicant’s Counsel
Broadwing Attorneys
1, Adekunbi Crescent,
Ikeja, Lagos
08020920443

Broadwingattorneys@gmail.com

ADDRESS FOR SERVICE

WITHIN
JURISDICTION
Falana & Falana Chambers
22, Mediterranean Street,
Maitama, FCT, Abuja.

FOR SERVICE ON:

1. THE 1ST RESPONDENT
Army Headquarters
Area 7, Garki, Abuja. FCT

2. THE 2ND RESPONDENT

Army Headquarters
Area 7, Garki, Abuja. FCT

3. THE 3RD RESPONDENT

Federal Ministry of Justice
HQ Plot 71B Shehu Shagari Way, Maitama

IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT
NO: .................................................
BETWEEN
MRS VICTORIA IDAKPINI -------
APPLICANT
AND
1. THE NIGERIAN ARMY

2. CHIEF OF ARMY STAFF

RESPONDENTS

3. ATTORNEY GENERAL OF THE FEDERATION

AFFIDAVIT SETTING OUT THE FACTS IN SUPPORT OF THE MOTION

I, Apeh Kelvin Abuchi Male, Nigerian, Banker of Gwarinpa hereby make oath and do
state as follows: -
1. That I am the above-named person.

2. That I am the National President of Ibaji Youth Progessive Foundation to which the
Applicant belong.

3. That I have the authority and consent of my Employers and the Applicant to
depose to this affidavit.

4. That by virtue of my position, I am conversant with the facts and details of this
case.

5. Save as otherwise stated, all the facts deposed to herein are within my personal
knowledge, information and belief.

6. The 1st Respondent is a component of the Nigerian Armed Forces, created by law
and charged with the responsibility of providing land warfare operations for
Nigeria.

7. The 2nd Respondent is the highest-ranking military officer of the 1 st Respondent.

8. The 3rd Respondent is the chief law officer of Nigeria.

9. That the Applicant is unable to depose to this affidavit because the Applicant is in
the detention of the Respondents.

10. That the Applicant was arrested by the 1st and 2nd Respondent since 25th June, 2020
and has been in their custody since then.

11. That the Applicant has been brought to the headquarters of the 1 st and 2nd
Respondents in Abuja, FCT and within the jurisdiction of this Honourable Court
 12. That the 1st and 2nd Respondents have continued detain the Applicant at their
headquarters for more than 24 hours now and still counting.

13. That the 1st and 2nd Respondents have refused or failed to notify the Applicant in
writing about the grounds and facts of the Applicant’s arrest within 24 hours of the
arrest.

14. That since the Applicant’s arrest, the 1 st and 2nd Respondents have collected the
Applicant’s phone and the 1st and 2nd Respondents have failed, refused or neglected
to allow the Applicant have access to his wife and Lawyer.

15. That I make this affidavit in good faith believing its content to be true and in
accordance with the Oath Act.

______________________
DEPONENT
Sworn to at the Federal High Court Registry, Abuja,

This ________day ___________2020

BEFORE ME

COMMISIONER FOR OATHS