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 *

International News

US Wants Justice In The killing Of Pastor Dachomo’s 9 Family Members 

Published

on

Spread the love

 

The United States has condemned the killing of members of the family of Plateau-based cleric, Rev. Ezekiel Dachomo, describing the attack as horrific and urging Nigerian authorities to ensure those responsible are brought to justice.

 

In a statement shared on X on Thursday, the US Department of State’s Bureau of African Affairs expressed condolences to the victims’ families and called for stronger measures to prevent further attacks on vulnerable communities across Nigeria’s Middle Belt.

“The United States strongly condemns the horrific killing of members of Rev. Ezekiel Dachomo’s family in Plateau State, Nigeria. The continued violence targeting Christian communities and other vulnerable populations in Nigeria’s Middle Belt is deeply alarming,” the bureau said

The US said it had already engaged Nigerian officials on the worsening security situation, stressing that urgent action was needed to curb recurring attacks and hold perpetrators accountable.

“As I discussed last week with Nigerian officials, we must do more to prevent violent acts. The perpetrators must be held accountable, and urgent action is needed to strengthen security and protect Christians and other vulnerable communities,” the statement added.

The bureau reaffirmed Washington’s commitment to working with the Nigerian government to combat terrorism and violent extremism, stressing that Christians and other Nigerians should be able to practise their faith without fear of violence.

The statement followed the July 12 attack on Kum community in Riyom Local Government Area of Plateau State, where nine members of Rev. Dachomo’s extended family, including a two-month-old baby, were killed.

According to the cleric, the attackers, believed to be armed Fulani militias, asked for him by name before opening fire on his relatives.

Dachomo, who serves as Regional Chairman of the Church of Christ in Nations (COCIN) in Barkin Ladi Local Government Area, said his family had repeatedly been targeted because of his outspoken criticism of the violence in Plateau State.

He recalled that his grandmother and an uncle were also killed in previous attacks, adding that days after burying his relatives, he received a written death threat from the same group, warning that he would be their next target.

Continue Reading

News

Graduation Ceremony Ban: Govt Threatens To Shut Erring Schools, Exempts SS3 Students

Published

on

Spread the love

 

The Anambra State Government has clarified that its indefinite ban on graduation ceremonies applies to all kindergarten, primary and secondary schools across the state, except for students completing Senior Secondary School (SS3).

 

The clarification was contained in a press statement issued on Friday by the Commissioner for Information and Value Reformation, Law Mefor, following what the government described as public enquiries and concerns over the directive.

According to the government, Governor Chukwuma Soludo ordered the suspension of graduation ceremonies to reduce the financial burden imposed on parents by schools.

“The essence is to reduce the financial burden on parents,” the commissioner said.

The government explained that the ban covers all forms of graduation-related events, including “passing out,” “cross over,” and any similar ceremonies organised by schools.

Mefor further stated that the directive applies to both public and private schools operating in Anambra State.

However, he noted that students graduating from Senior Secondary School (SS3) are exempted from the ban.

The commissioner stressed that graduation ceremonies for SS3 students remain optional and, where organised, must not involve any levies or financial demands on students or their parents.

“Graduation ceremonies for students exiting Senior Secondary School are optional and, where carried out, must be conducted without any form of levy or financial demand on students and parents,” he said.

The state government also warned that school proprietors and administrators who violate the directive would face severe consequences.

“Any school management found in violation of this directive will face serious sanctions, which may include the closure of such school,” Mefor stated.

The clarification followed widespread reactions after the state government announced the suspension of graduation ceremonies, with many parents and school owners seeking details on the categories of schools affected and whether any exceptions would be allowed.

Governor Chukwuma Soludo, in October 2025, banned graduation ceremonies and Christmas parties in schools across the state as part of efforts to reduce the financial burden on parents and guardians.

The governor said the policy was designed to make education more affordable and equitable for families while discouraging unnecessary expenses associated with school activities.

Expressing concern over what he described as avoidable financial pressure on parents, Soludo had also directed schools to discontinue the use of textbooks designed for pupils to write in.

“This is to owners and administrators of government, private, and mission schools in Anambra: we have set out some basic standards to ensure that the poor are not made to spend so much just because their children are in school.

“One of the measures includes discontinuing the use of textbooks designed for students to write in. This practice forces parents to buy new textbooks annually.

“Once a child finishes a class, he should be able to pass on his textbooks to his younger siblings,” the governor had said.

Continue Reading

News

Massive Gridlock As Multiple Accident Leave One Dead On Kara Bridge

Published

on

Spread the love

 

At least, one person has been confirmed dead leaving others with different categories of injury, following an early-morning multiple-car crash along the Kara Bridge, inward Mowe/Ibafo on the Lagos-Ibadan Expressway, which left hundreds of motorists stranded and grounded economic activities.

 

In a detailed report of the incident, the FRSC, Lagos Sector Command, said the first crash occurred at about 12:05 a.m. on the outbound carriageway towards Ibadan, involving five articulated trucks and one Toyota Sienna vehicle.

The FRSC report also said rescue and recovery operations were ongoing when another crash occurred at the inbound carriageway towards Lagos involving a commercial bus.
It added that Lagos State Traffic Management Agency LASTMA officials, FRSC officials, officials of the Lagos State Emergency Management Agency LASEMA, and police operatives were on the ground to manage the situation. Tow trucks were also present as officials continued recovery operations.

Continue Reading

Trending

Copyright © 2026 TheColumn NG