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

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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.

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I Am Not Afraid Of Sack- Super Falcons Coach

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Super Falcons head coach Justine Madugu says he is not afraid of losing his job despite mounting pressure following Nigeria’s failure to qualify for the 2027 FIFA Women’s World Cup.

 

Madugu’s future has come under intense scrutiny after the Super Falcons suffered a 2-1 defeat to South Africa in the decisive CAF play-off in Morocco.

The loss ended Nigeria’s remarkable record of qualifying for every edition of the FIFA Women’s World Cup since the tournament began in 1991.

For the first time since 1991, Nigeria will miss the Women’s World Cup.

The pressure on Madugu intensified after the Super Falcons failed to secure automatic World Cup qualification at the WAFCON.

With calls growing for the Nigeria Football Federation (NFF) to make changes to the technical setup, Madugu insists he is prepared to accept whatever decision the football authorities make.

The coach said representing Nigeria has been a privilege and that he has no fear of being relieved of his position.

“I am not afraid of being sacked. To the glory of God, I have served my country. It was a privilege that was given to me,” Madugu said.

He added, “So far, I have played almost 28 games, won 19, lost four and drawn four. But this defeat came at crucial moments that people did not expect.”

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Gumi Explains Why Funding Mass Marriages Is Government Responsibility

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Islamic cleric, Sheikh Ahmad Gumi, says it is the responsibility of the government to use public funds to support marriage arrangements in states operating under Shariah law.

In a post on his Facebook page on Thursday, Gumi argued that governments in Shariah-governed societies have a duty to address social needs arising from the prohibition of sexual relationships outside marriage.

The Islamic scholar noted that government intervention to assist people who cannot afford marriage should be viewed as part of responsible governance, especially where prostitution, fornication, adultery and promiscuity are prohibited by both religious principles and state laws.

According to him, public resources could legitimately be used to support young people in urgent need of marriage, as well as women who face limited opportunities to find suitable spouses.

“In a Shariah law-driven state, where prostitution, fornication, adultery, and promiscuity are prohibited by both divine and state laws, using public funds to facilitate the marriage of women who are in excess of the available pool of eligible men, or of any young person in dire need of marriage, is a legitimate and responsible component of good governance,” he wrote.

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Tinubu Says Democratic Regime Not Easy To Manage “Full Of Twists And Turns….”

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President Bola Tinubu decried the big task of successfully managing a democratic government, highlighting what he described as
It’s twists, turns, hills and valleys, even as the president assured Nigerians that the nation’s refineries will bounce back.

 

The President also lamented that the expected benefits from the introduction of Compressed Natural Gas (CNG) are going into the pockets of truck owners.

This came as the President of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), Comrade Salimon Akanni Oladiti, pleaded with President Tinubu to help stop the casualisation of workers in the oil industry.

Speaking when he received the NUPENG leadership at the Presidential Villa, Abuja, the President said the union has been a very good partner in government’s progress.

“You occupy a very critical nerve of the economy of this country,” he said.

He recalled the promise he made while seeking the presidency that he would remove the fuel subsidy and the threat by oil and gas workers to down tools. “We had threat of possible strike and something, and I served notice; you may strike all you want, but fuel subsidy will be gone. And today, to the benefit of our great country.”

“I will soon publish how it is being utilized,” he said, adding that workers at local, state and federal levels are reaping the benefits of subsidy removal through prompt payment of salaries, while landmark infrastructural projects are underway across the country.

“Yes, the economy is not child’s play. It’s a system of financial re-engineering and reset that you impress, and I want to thank you for the cooperation, collaboration and understanding.

“But I’m glad you have seen the effect of being able to find funding for long-term projects: Lagos–Ibadan Road, Abuja–Kaduna, Abuja–Kano, Sokoto–Badagry and other highways and road networks. It’s all for the good of our people and our economy.

“Equally, the introduction of compressed natural gas — well, I will appeal to you: we will do more and encourage you, but ask your drivers to let the benefits trickle down to commuters too, because whatever benefit is coming from CNG is going into the pockets of truck owners. It’s not spreading as fast as I would like, but it should spread.

“The refineries you mentioned are going to come back to work. We’re just building a very firm reset and structural reworking of the economics of it. Ordinary flame and smoke from a refinery doesn’t mean that it’s working until it’s profitable and yields the value for which it was built.

“I’m not a man who will look back and blame everyone, because I’ve accepted the assets and liabilities of my predecessors. No matter what happened in the past years, it’s my responsibility now as President to fix it and make it work for the greatest common good of our population. I take responsibility for that, and I’m going to do it.”

He added: “It’s not easy to manage a democratic regime, full of twists and turns, hills and valleys. But through perseverance, endurance and good determination we can bring about relief — like the joy of a newborn baby after a difficult pregnancy. Motherhood is painful, but the joy is everlasting. I promise you, you will enjoy a better Nigeria.”

Speaking earlier, NUPENG president Comrade Oladiti appealed to the President to check the casualisation of workers in the oil industry.

The NUPENG president, who described the trend as unwholesome, expressed concern that efforts to make oil companies, particularly in the upstream sector, stop the practice have been constantly rebuffed.

He said: “Your Excellency, our relationship with the international oil companies and indigenous players in the upstream sector has been very cordial. However, we want to seize this opportunity to bring to your attention an unhealthy trend we have been trying to correct with little to no success. It is the casualisation of workers, particularly in the upstream sector.

“For a sector that is strategic and taken as the economic jugular of the nation, NUPENG and its counterpart PENGASSAN have been tolerating these unwholesome practices, knowing full well the enormous disruption that any industrial action could cause to the economy.

“We also do not want to be seen as hostile to the Minister of Labour, Muhammad Maigari Dingyadi, who has been very supportive and operates an open-door policy in his relationship with our union.

“We have engaged the management of some of the affected companies without results. Mr. President, we urge you to use your good offices to stop the casualisation of workers in our sector.”

While commending the present administration for rehabilitation and dualisation of federal highways — which he noted will ease movement of petroleum trucks — Oladiti also appealed to President Tinubu to see to the resuscitation of the Nigerian Pipelines and Storage Company (NPSC) depots across the country.

He maintained that injecting life into the depots would complement the ongoing efforts to revive the ailing refineries.

He said: “We’ve seen real progress in the rehabilitation of federal highways, making journeys safer for our tanker drivers.

“We also want to commend your administration’s move to revive the Warri and Port Harcourt refineries through partnership with Chinese firms. Your Excellency, we humbly request that the same energy and drive to inject life back into the refineries be extended to the decaying Nigerian Pipelines and Storage Company depots across the country.

“We strongly recommend they be handed over to private investors to manage under an equity arrangement.”

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