A police corporal, Mr. Anthony Onoja, has been ordered to pay N10m as exemplary damages for the rape of a two-year old baby (name withheld).
A Nasarawa State High Court in Maraba, a town on the outskirts of Abuja, gave the order in its judgment in a suit filed against Onoja and the Inspector-General of Police by the baby’s mother, Mrs. Ngozi Onwudiwe.
Justice A. Asmau, in her judgment, held that the corporal infringed on the baby’s fundamental rights.
Onwudiwe had approached the court through her lawyer, Mrs. Esther Uzoma, who is the National Coordinator, Proactive Gender Initiative, following the rape of her little daughter by the police corporal.
She told the court that on June 15, 2013, at Mararaba, by Kabiyo Osino Pure Water, Onoja of the Nigeria Police Force, had unlawful carnal knowledge of the minor.
Onwudiwe said she traced her daughter to Onoja’s room, where she saw her crying, with blood coming out of her private part.
“On enquiry, Corporal Anthony Onoja’s wife rationalised the blood as her monthly period (mens-truation),” Onwudiwe said in an affidavit in support of the motion.
The incident was thereafter reported at the Mararaba Police Station, while the baby was taken to the Mararaba Medical Centre for treatment.
Onwudiwe sued Onoja and the IGP, asking the court to declare that the rape of the minor violated sections 33 and 34 of the 1999 Constitution, and Article 4 and 5 of the African Charter on Human and Peoples Rights (Ratification and enforcement Act) CAP 10 LFN 1990, which guaranteed right to life and dignity.
The court was also asked to declare that Onoja’s action amounted to torture, physical and psychological abuse and violation of the baby’s right to survival and development as provided for in section 3, 4, 11 and 13 of the Childs Right’s Act (2003).
Furthermore, Onwudiwe asked the court to grant an order mandating a comprehensive health examination and treatment of the minor at the expense of the respondents (Onoja and the IGP).
She equally asked the court to order to pay N10m as exemplary damages, and another N1.5m as special damages for the expenses so far incurred by the parents of the little girl on her health since the unfortunate incident.
In her judgment, Justice Asmau condemned Onoja’s actions, and granted the plaintiff’s prayer ordering the defendant Onoja to pay N10m as exemplary damages.
Justice Asmau further ordered that the baby should receive comprehensive medical treatment at Onoja’s expense.
But she declined to grant Onwudiwe’s request of N1.5m as special damages.
READ MORE: http://news.naij.com/59060.html
READ MORE: http://news.naij.com/59060.html
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