Connect with us

News

Judge Dismisses Suit Against Wike, AEPB, Labels Prostitutes as Vagabonds

Published

on

Spread the love

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 application of the plaintiff 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 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.

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.

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.

Gidado, who argued that the applicant’s prayers were not in line with the Fundamental Rights Enforcement Procedure Rules 2009, said fundamental human right 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.

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.

He said the court was not unaware that prostitution had been legalised in some western nations, including in the Netherlands where prostitutes are now entitled to pensions and other benefits.

“This is not so in Africa. The African Charter on Human and People’s Rights which is one of the Statutes enforced by the Fundamental Rights (Enforcement Procedure) Rules, is clear on what fundamental rights are in Africa.”

He said looking at the preamble to the charter, the culture of Africans must reflect in their idea of what constitutes human rights.

“This philosophy is what is known as cultural relativism in the framework of human rights.

“The counterpoint to this is universality which posits that human rights should be the same in all places and should apply to persons irrespective of their culture, religion, race, gender or other differences.

“The idea behind universalism is to ensure uniformity in human rights development. Universality of human rights directly led to the drafting of the Universal Declaration of Human Rights which is the first global human rights document.

“While it is theoretically sound, universalism if applied would offend the unique cultures of some people.

“For instance, the right to same sex marriage which is acceptable in Western nations like the United Kingdom will be deeply unacceptable to conservative and religious nations like Arab nations.

“Thus cultural relativism means that these nations can choose which of these rights to adopt or not.

“This explains why some conservative nations exercise their right to reservation regarding several sections of the Universal Declaration of Human Rights which are in conflict with their cultural beliefs.”

The judge said Nigeria is an African nation with deeply cultural norms that guide everyday conduct.

“I daresay that prostitution is and has never been part of our culture.

“Prostitution or ‘Olosho’ and ‘Ashewo’ as the Yorubas call it, ‘Akwuna-Akwuna’ as the Igbos call it, ‘Karuwa’ as the Hausas call it or ‘Hookup’ as the young people say it, is alien to our culture.

“It has been frowned upon as a deeply immoral act worthy of shame.

“The fact that civilisation and westernisation has taken some root in Nigeria still does not make it right.

“Even in some Western countries, prostitution is still seen as an immoral act.

“In the United States of America for instance, apart from a few counties in the state of Nevada, prostitution or sex work is illegal in the other 50 states of the US.

“There is absolutely no justification for prostitution in Nigeria in the context of our cultural norms and tradition and in fact prostitution is an anathema in Africa,” he said.

Justice Omotosho held that the prostitutes which the group sought to protect “are vagabonds” and the AEPB is well within its right to arrest and prosecute them as they constitute nuisance in the FCT and are clearly committing an offence by parading themselves as “women of easy virtue.”

“I therefore hold that this application filed by the applicant has no basis and the rights claimed are unenforceable in light of the provisions of Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Preamble to the African Charter on Human and Peoples Rights.

“| must also say here that this court is bemused by this instant application filed by the applicant which is apparently a Civil Society Organisation set up to protect the rights of girls and women.

“This court wonders what kind of message the applicant is sending when it decided to bring an action to protect prostitutes.

“A reasonable person would have expected that the applicant would instead occupy itself with developing the girl child and protecting the sanctity of womanhood instead of promoting immorality and the spread of sexual diseases.

“It is indeed shameful that the applicant should file an action such as this,” the judge held

Justice Omotosho also further held that the judgment of a sister court in suit number: FHC/ABJ/CS/971/2019, exhibited by the group was only of slight persuasive authority.

The judge said he was not bound by the decision of the brother judge being court of coordinate jurisdiction, citing a Court of Appeal’s previous case to back his decision.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Corruption: EFCC Boss Exposes Public Officers ” They Assume Office With Empty Account But Own Millions Of Dollars In 3 Years”

Published

on

Spread the love

 

The Chairman of the Economic and Financial Crimes Commission, EFCC, Ola Olukoyede, says Nigerian politicians steal public funds every minute.

 

He spoke in Abuja at the 80th birthday celebration of former Attorney-General, Kanu Agabi.

Olukoyede said the anti-graft agency receives over 20,000 corruption petitions every year, adding that most of the cases are shocking.

“I receive over 20,000 petitions in a year in respect to public corruption, all terrible. What is going on? Like every minute, public officers take money, and if you go through some of our case files you will weep.

“The way people take national resources and Nigerians are victims of these fraudulent activities. And we must come together for once in our lifetime and say no to the activities of some of our leaders,” Olukoyede said.

The EFCC boss said some public officers resume office with less than N100,000 in their account, but after three years, EFCC will trace millions of dollars to them.

He said some of them build hundreds of houses while still in office, noting that corruption is killing Nigeria.

Olukoyede said public officers must explain what they did in office, stressing that accountability and transparency must guide public service.

Continue Reading

News

Ogun: Fleeing Father Arrested For Killing Neighbour Who Hugged His Son

Published

on

Spread the love

 

 

The Ogun State Police Command says, it has arrested 43-year-old Edebiri Temitope, who allegedly beat his neighbour to death with a bamboo stick for hugging his son in Bluestone Treasure Estate, Mowe-Ofada area of Ogun State.

 

The deceased, 38 years old Micheal Oje, a Guidance and Counselling graduate of Benue State University, was accused of hugging and playing rough with the 3-year-old child .

According to Peter Adum, a younger cousin to the deceased, Micheal had just returned from work and the child who lived with them on the same street, ran towards him and hugged him.

He stated that Michael hugged the boy and threw him playfully in the air and caught him, before going into his room to sleep.

Adum said, “While he was sleeping, Adebiri, the father of the boy, came outside and knocked on his door. When Mike came out, the man accused him of playing roughly with his child. Mike explained that he had only hugged the boy and lifted him into the air.

“That was how the man then started slapping Mike. He picked up a bamboo stick from the ground and hit him about three times. Mike fell and died on the spot.”

The suspect was reported to have gone into hiding with his family.

However, the Police Public Relations Officer, DSP Oluseyi Babaseyi on Friday, said the suspect had been arrested and transferred to the State CID, Eleweran, Abeokuta, for further investigation.

“Edebiri Temitope, ‘M’, aged 43 years, who was earlier reported to be at large, has been arrested in connection with the death of Oje Michael Eje, ‘M’.

 

“The suspect has been transferred to the State CID, Eleweran, Abeokuta, for further investigation,” Babaseyi stated.

Continue Reading

News

Jimoh Ibrahim Defends Tinubu’s Absence At UNGA

Published

on

Spread the love

 

Jimoh Ibrahim, Nigeria’s permanent representative to the United Nations, has defended President Bola Tinubu’s absence at the 81st session of the United Nations General Assembly (UNGA).

 

Ibrahim spoke on a Television program, on Thursday, noting that Tinubu cannot attend the event just to deliver a 15-minute speech.

Mohammed Idris, minister of information and national orientation, had said Tinubu would not attend the 81st UNGA because he is currently on annual leave.

Idris said Tinubu had mandated Vice-President Kashim Shettima to lead Nigeria’s delegation to the high-level session in New York, United States.

The minister’s comment followed criticism from former Vice-President Atiku Abubakar, the presidential candidate of the African Democratic Congress (ADC), who faulted the president’s absence at the gathering.

Atiku had questioned Tinubu’s decision to stay away from the general debate for the third consecutive year, saying the president’s “persistent avoidance” of the United States raises questions.

The former vice-president also questioned why Tinubu did not show up after Ibrahim reportedly said arrangements had been made for the president to sit close to US President Donald Trump at the general assembly.

Atiku further linked Tinubu’s absence to his past legal history in the US and asked: “Is Tinubu afraid that he could become Donald Trump’s next Nicolás Maduro?”

However, Ibrahim said Tinubu’s absence should not be taken as a big deal because many presidents of other countries did not attend the gathering in person.

“What do you think President Tinubu is coming to do?” he queried.

“The presidents are allowed in the UN under UNGA for 15 minutes. Is that the reason why he should board the flight and be here for 15 minutes?”

He said Shettima had, in Tinubu’s absence, attended high-level meetings and met with Nigerians in the diaspora, describing the engagement as ideal.

“This is the kind of engagement we want, not that the president will just be inside the plane and be coming to UNGA for a 15-minute speech. What is the meaning of that? We don’t want that,” Ibrahim said.

Ibrahim, who was appointed chairman of the budget and administration committee for UNGA’s Fifth Committee in June, said 60 percent of those on the speaking list at the gathering were foreign affairs ministers and vice-presidents.

“As permanent representative of Nigeria to the United Nations, if I’m to do a memo to the president at the last minute of boarding the plane to go to UNGA, do you think I will recommend the president to be on his way when 60 percent of the speaking list of 193 countries are ministers and vice-presidents representing their countries?” he queried.

“There are exigencies. If the speaking list is 90 presidents, maybe of course, the president can come. I don’t think the president should come and be where his equivalent is a minister of foreign affairs of another country.”

The envoy also said the country occupied a prominent position at UNGA, arguing that Tinubu’s physical presence was not necessary.

“I promise that Nigeria will be on the front-row seat at UNGA. Are we not on the front-row seat? Nigeria is sitting at number eight seat in the UN under UNGA and America is at number 26th seat at the back of Nigeria’s seat,” he said.

“And you know, Donald Trump didn’t go to sit on his own seat. He came in to give a lecture at the UNGA and went back from there.
“Are you saying that Nigeria is making the impact it is supposed to make globally? Must we have President Tinubu here before we can make the impact?”

Speaking on what the composition of the speaking list implied, Ibrahim said reforms were being planned to increase the impact of the organisation on member-states.

“That is the reform we are taking on effective from October 1st. When I chair the budget and administrative committee, 90 percent of UN resources is spent at the headquarters, while 10 percent goes to member-states,” he said.

“So legitimacy is reduced because member-states are not seeing impacts of the United Nations. We are going to reverse that.”

Continue Reading

Trending

Copyright © 2026 TheColumn NG