The Federal High Court in Abuja has dismissed a lawsuit that sought to prevent the arrest and prosecution of commercial sex workers in the nation’s capital. The case was filed against the Minister of the Federal Capital Territory (FCT), Nyesom Wike, the Abuja Environmental Protection Board (AEPB), the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF).
The lawsuit was brought by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent. The group argued that AEPB had no legal authority to harass, arrest, detain, or prosecute women suspected of engaging in sex work on the streets of Abuja.
The legal team representing the group included Rommy Mom, Bamidele Jacobs, and Victor Eboh. They claimed that referring to arrested women as “articles” and treating their bodies as “goods for purchase” was discriminatory and violated Section 42 of the 1999 Constitution. They requested that the court restrain AEPB from further arrests and ensure that the Abuja Environmental Protection Act of 1997 was applied properly.
However, the FCT Minister, AEPB, and FCTA, represented by their lawyer Betty Umegbulem, opposed the lawsuit. They argued that the claims were baseless and should be dismissed. Ahmed Gidado, a legal assistant, stated that there was no evidence to support the allegations of harassment or arrests. He further argued that the applicant had not proven that their fundamental rights were violated.
In delivering his judgment, Justice James Omotosho ruled that the lawsuit was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009. He also noted that even if it was valid, the reliefs sought were not legally grantable. The judge stated that the rights claimed by the applicants could not be enforced under the law and dismissed the case for lack of merit.
Justice Omotosho further noted that prostitution remains illegal in the FCT under the Penal Code Act. He stated that commercial sex work falls under the category of offenses committed by vagabonds and that law enforcement agencies have the right to take action. The judge explained that fundamental human rights are not absolute and can be restricted in cases involving public order, safety, health, and morality.
Referring to past legal cases, the judge pointed out that prostitution is not legally recognized in Nigeria. He added that while some Western countries have legalized it, African cultural values do not support such practices.
