The Federal High Court in Abuja on Wednesday dismissed a suit seeking to stop the Minister of FCT, Nyesom Wike, and the Abuja Environmental Protection Board, AEPB, from arresting and prosecuting Commercial Sex Workers, CSWs, in Abuja.
Justice James Omotosho, in a judgement, held that the plaintiff’s application was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
Justice Omotosho held that even if it was competent, “the reliefs sought are not grantable and thus, it is hereby dismissed for lack of merit.”
The News Agency of Nigeria reports that the plaintiff, under the auspices of the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women and the Indigent, had instituted the suit.
The group sued the AEPB, FCT Minister, Federal Capital Territory Administration, FCTA, and the Attorney-General of the Federation, AGF, as 1st to 4th respondents respectively.
The originating summons was brought pursuant to Order 3, Rule 6 and 9 of the FHC (Civil Procedure Rules, 2019; Sections 6(6)(b), 41(1), and 42 of the 1999 Constitution (as amended) and under the inherent jurisdiction of the court.
In the suit dated and filed on May 14, 2024, by a team of lawyers led by Rommy Mom, Bamidele Jacobs and Victor Eboh, the group sought two questions.
The lawyers prayed the court to determine whether the duties of the AEPB under Section 6 of the AEPB Act, 1997, extends to the harassment, arrest, detention and prosecution of women suspected of engaging in sex work on the streets of Abuja.
They sought a declaration that the charge made by the personnel of the AEPB before the FCT Mobile Court, which referred to arrested women suspected of engaging in sex work as ‘articles’ and considered their bodies as ‘goods for purchase,’ is discriminatory and violated the provisions of Section 42 of the 1999 Constitution.
The lawyers, therefore, prayed the court for an order restraining the AEPB, its agents or privies, from harassing, arresting and raiding women suspected of engaging in sex work on the streets of Abuja.
They sought an order restraining the 1st respondent, AEPB, her agents or privies from prosecuting women suspected of engaging in sex work on the streets of Abuja under Section 35(1) (d) of the AEPB Act, 1997.
They equally sought an order directing all the respondents to ensure proper application of the provisions of Abuja Environmental Protect Act, 1997, by the 1st respondent.
But in a counter affidavit jointly filed by the minister, AEPB and FCTA by their lawyer, Betty Umegbulem, the respondents prayed the court to dismiss the case.
They denied all the averments in the applicant’s affidavit
Ahmed Gidado, a Legal Assistant, who deposed to the counter affidavit, said the applicant did not file any case against the 1st to 3rd respondents in 2019 as alleged in a previous judgment exhibited in the suit.
Mr Gidado argued that the exhibit attached therein was for a case filed by one Ms Mirabel Ojimba and not the applicant.
According to him, this honourable court cannot rely on a judgment which is not signed by the presiding judge and duly certified.
He said the applicant did not present any evidence to prove that any woman was harassed or arrested by the AEPB.
He argued that the applicant did not state how its fundamental human rights were violated and which of the rights was violated by the 1st to 3rd respondents to warrant filing of the action.
The officer averred that the applicant was not the person whose fundamental human rights were allegedly violated by the 1st to 3rd respondents.
“The person (s) alleged to have been harassed, arrested or raided by the 1st to 3rd respondents are not before the court to narrate their side of the story,” he added.
Mr Gidado said the applicant did not specifically mention the rights (as outlined in Chapter IV of the Constitution) violated by the 1st to 3rd respondents to enable the respondents to reply to the issues appropriately.
Mr Gidado, who argued that the applicant’s prayers were not in line with the Fundamental Rights Enforcement Procedure Rules 2009, said fundamental human rights cannot be enforced by another person who is not the victim of violation.
Also, the AGF, in his counter-affidavit deposed to by Barnabas Onoja, a Litigation Officer, argued that all the facts, as presented by the applicant, were untrue and misleading.
Mr Onoja said contrary to the applicant’s submission, the AGF never received any pre-action notice from the applicant and that his office was only aware of the present suit upon the receipt of the processes.
He said the AGF does not act as a supervisory officer over the activities of every security or federal government agency.
Delivering the judgment, Justice Omotosho formulated three issues for determination
These included “whether the applicant can bring an action to enforce the rights of a group of persons, whether this fundamental rights suit is within the jurisdiction of this court in view of the claim of the applicant and whether the reliefs sought can be granted in the circumstances.”
The judge said the applicant, a Non-Governmental Organisation, NGO, which brought the suit to enforce the rights of women engaging in sex work on the streets of Abuja, cannot be stopped from bringing the action as it was well within the law to do so.
“Consequently, issue one is resolved in favour of the applicant,” he ruled.
The judge said though the right to freedom from discrimination was claimed as the first relief, “the facts and circumstances before this court show that it is simply ancillary to the main claim as regards the provision of the Abuja Environmental Protection Act, 1997.
“The import of this is that the suit cannot be competently taken under the fundamental rights enforcement procedure.
“Consequently, this issue is resolved against the applicant.”
Citing Chapter IV of the 1999 Constitution (as amended), the judge examined what constituted enforceable human rights in Nigeria.
“The clear indication of the above provision is that only rights provided under Chapter IV is actionable,” he said, citing previous case to back his decision.
He said the fundamental right against discrimination is found under Section 42 of the constitution.
“The applicant has brought this suit to enforce the rights of women suspected of engaging in sex work on the streets of Abuja.
“The applicant argued that these women should not be arrested and prosecuted by the 1st respondent (AEPB) for engaging in sex work as their male counterparts are usually not arrested.
“In a way, the applicant is advocating that women engaging in sex work should be allowed to go about their profession without restraint.
“The position taken by the applicant on this issue is, without doubt, reprehensible and ridiculous.
“These women whom the applicant is suing for are to use the proper word, ‘prostitutes’ and their profession is ‘prostitution.’
“This court wonders if prostitution has become legal in the Federal Capital Territory (FCT)..
