Abuja Sex Workers lose legal battle to operate unhindered
BY ANDREW OROLUA
Justice James Kolawole Omotosho of the Federal High Court in Abuja on Wednesday dismissed Fundamental Human Rights suit filed by commercial sex workers in the Federal Capital Territory ,FCT, seeking to operate without intimidation or hindrance from law enforcement agencies .
The Judge said that prostitutes have no legal rights to enjoy under any known law or the Constitution of the Federal Republic of Nigeria.
A Non Governmental Organization, Lawyers Alert Initiative for Protection of Rights of Children, Women and Indigent had sued the Abuja Environmental Protection Board, FCT Minister, Federal Capital Territory Administration (FCTA) and the Attorney-General of the Federation (AGF) as 1st to 4th respondents respectively claiming that the fundamental human rights of prostitutes had been breached by law enforcement agencies in the territory.
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In the suit marked THC/ABJ/CS/642/2024, the sex workers had sought to stop the FCT Minister, Nyesom Wike and the Abuja Environmental Protection Board (AEPB) from harassing, intimidating, arresting and prosecuting them in Abuja.
They have requested the Judge for orders to enforce their fundamental human rights to prostitution as enshrined in the Nigerian law.
But delivering judgement on the suit on Wednesday, Justice Omotosho held that the commercial sex workers were even liable to be arrested, prosecuted, sentence for a jail term of two years under the criminal law the Penal Code applicable in FCT.
Justice Omotosho, in his judgement, held that the application of the plaintiff was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The judge held that even if it was competent, “the reliefs sought are not grantable and thus, it is hereby dismissed for lack of merit.”
“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
The plaintiffs in the suit filed on May 14, 2024, through a team of lawyers led by Rommy Mom, Bamidele Jacobs and Victor Eboh, raised two questions for determination by the Judge.
They had asked 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.
“Whether by the provision of Section 35 (1) (d) of the AEPB Act, 1997, women can be regarded as articles or their bodies regarded as goods for purchase.
They also 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.
They sought a declaration that the duties of the board does not extend to the harassment, arrest and raid of women suspected of engaging in sex work on the streets of Abuja.
They also sought a declaration that neither Section 6 of the AEPB Act, 1997, nor any extant laws of the country, authorise the board to arrest women suspected of engaging in sex work on the streets of Abuja
They further sought a declaration that Section 35(1) (d) of the AEPB Act, 1997, does not refer to women as ‘articles’ or their bodies regarded as ‘goods for purchase.’
The women suspected of engaging in sex work on the streets of Abuja or prostitutes or vagabonds are by their actions committing an offence and thus their fundamental rights can be legally breached by the ist respondent.
“Holding a different opinion would mean that a person arrested in the process of robbing others can claim to be entitled to his fundamental rights to personal liberty and freedom.
“This would cause anarchy and chaos In the society,” he said adding assuming that prostitution is not an offence in the FCT, the rights of these prostitutes can legally be violated under Section 45 of the constitution which allows the breach of a person’s right on grounds of defence, public safety, public health, public order and public morality.
“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.”
