The Federal High Court in Abuja has ruled against a lawsuit aiming to prevent the arrest and prosecution of commercial sex workers (CSWs) in the Federal Capital Territory (FCT). The legal action sought to restrain the Minister of FCT, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from carrying out enforcement measures against individuals suspected of engaging in sex work.
Court Ruling on the Case
Justice James Omotosho, who presided over the case, dismissed the plaintiff’s application on the grounds that it lacked competence under the Fundamental Rights (Enforcement Procedure) Rules of 2009. The court further noted that even if the case had been properly filed, the requested reliefs were not legally sustainable.
The case was initiated by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent. The group filed the lawsuit against multiple respondents, including the AEPB, the FCT Minister, the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF).
Legal Arguments Presented
The plaintiffs raised concerns over the AEPB’s authority under Section 6 of the AEPB Act, 1997. They questioned whether the board had the legal mandate to arrest, detain, and prosecute women suspected of engaging in sex work. Additionally, they contended that referring to these women as “articles” or “goods for purchase” in legal charges was discriminatory and in violation of Section 42 of the Nigerian Constitution.
The plaintiff sought an injunction to prevent the AEPB from further harassing or arresting women under the pretext of enforcing environmental laws. However, the defendants, represented by legal counsel Betty Umegbulem, argued that the case lacked merit and should be dismissed.
Court’s Final Judgment
Justice Omotosho examined the legal framework surrounding the matter, emphasizing that prostitution is considered an offense under Nigerian law, particularly under the Penal Code Act. The court ruled that fundamental rights, while important, are not absolute and may be legally restricted in certain circumstances, such as law enforcement activities.
The court also highlighted that the plaintiff failed to demonstrate any specific violations of fundamental rights and could not legally represent individuals who had not personally come forward to file claims. Consequently, the case was dismissed for lacking legal merit.
Legal and Social Implications
This ruling reaffirms the position of Nigerian law regarding prostitution and reinforces the government’s authority to enforce existing legal provisions. The decision also sets a precedent for future cases involving claims of discrimination in law enforcement procedures.
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