A legal intervention grounded in the Child Rights Act 2003 helped secure temporary relief for a nursing mother and her newborn baby during proceedings at the Federal High Court, Enugu Judicial Division, on June 9, 2026.
The development was narrated by legal practitioner, O. D. Dimeze Esq., who said he unexpectedly became involved in the matter while handling an unrelated case before the court.
According to him, the situation changed after he was contacted through a colleague to assist in representing a defendant scheduled to be arraigned by the National Drug Law Enforcement Agency (NDLEA).
“I initially declined because I had completed my assignment for the day,” he said, explaining that he later changed his mind after learning that the defendant had been brought to court with a very young infant.
“However, when the Defendant was brought into Court, I noticed she was carrying an infant baby of just about one month plus,” Dimeze recounted.
He said further inquiry revealed that the defendant’s counsel was unavailable due to ill health, prompting him to intervene to ensure she was represented when the case was called.
The lawyer told the court he announced appearance, facilitated the reading of the charge, and moved an application for bail, which was subsequently granted.
However, complications arose when the court insisted that a surety previously involved during administrative bail proceedings must appear to perfect the newly granted bail conditions.
“At that point, my concern shifted to the child,” he said, noting that the infant had been delivered through Caesarean Section in late April 2026.
Dimeze said he respectfully urged the court to consider an interim arrangement to prevent immediate separation of mother and child while bail conditions were being perfected.
The court, he said, agreed to make interim arrangements and further directed him to make inquiries regarding available child welfare support systems.
In compliance, he visited relevant child welfare authorities under the Enugu State Ministry of Children, Gender and Women Affairs and Social Development.
That process, he explained, led him to rely on provisions of the Child Rights Act 2003, which places the best interest of the child as the primary consideration in all matters affecting children.
He cited several sections of the law, including Section 1, which prioritises the best interest of the child; Section 2, which guarantees protection and care; Section 3, which reinforces the preservation of rights; Section 4, which protects survival and development; Section 13, which provides for access to health services; and Section 14, which guarantees parental care and protection.
Guided by these provisions, he said he filed a motion, affidavit, and written address before the court, arguing that while the mother was facing criminal proceedings, the child was not on trial.
“The mother may be facing legal proceedings, but the child was not on trial,” he stated.
He further disclosed that after about four adjournments, another lawyer appeared in court on June 17, 2026, having been briefed by the family, and made arrangements to stand as surety, enabling continuation of the bail process.
Following this development, Dimeze said he formally withdrew from the matter after ensuring the defendant’s representation and welfare arrangements were secured.
Before the court rose, he noted, the presiding judge commended the intervention and acknowledged the consideration given to the welfare of the child, while other lawyers in court also expressed appreciation.
Reflecting on the experience, Dimeze said it reinforced his belief that legal advocacy extends beyond courtroom victories.
“Sometimes, the lawyer’s greatest responsibility is to ensure that while the law takes its course, it does not forget those who cannot speak for themselves,” he said.
He added: “Because sometimes, the smallest person in the courtroom deserves the greatest protection.”
O. D. Dimeze Esq., Barrister and Solicitor, is Head of Chambers at Temple of Justice Chambers, founder of Temple of Justice Online, and State Legal Adviser of the All Progressives Grand Alliance (APGA) in Enugu State.
