Court dismisses suit seeking to stop arrest of commercial workers in Abuja

Justice James Omotosho of the Federal High Court Abuja has 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.

Delivering judgement, Justpice Omotosho, 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 were not grantable and thus,  the suit was 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.

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 a nuisance in the FCT and are 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”, the Judge said.

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 a court of coordinate jurisdiction, citing a Court of Appeal’s previous case to back his decision.