Federal High Court Upholds Abuja’s Crackdown on Commercial Sex Workers

The Federal High Court in Abuja has dismissed a suit aimed at stopping the Federal Capital Territory (FCT) Minister, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting commercial sex workers in the nation’s capital. Justice James Omotosho, who presided over the case, ruled that the application was legally incompetent under the Fundamental Rights (Enforcement Procedure) Rules of 2009. Even if it were competent, he asserted that the reliefs sought were ungrantable, leading to the dismissal of the case due to lack of merit.

Court Dismisses Suit Challenging Arrest of Commercial Sex Workers

The suit was filed by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent. The organization sued the AEPB, the FCT Minister, the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF), seeking to challenge the arrests and prosecutions of women suspected of engaging in sex work in Abuja.

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The legal representatives of the group contended that the AEPB, under its governing law, does not have the authority to harass, detain, or prosecute individuals on the suspicion of engaging in commercial sex work. They also argued that referring to such women as “articles” or “goods for purchase” in court proceedings was discriminatory and violated Section 42 of the 1999 Constitution.

Government’s Position on Prosecution of Sex Workers

The respondents, represented by their legal counsel, Betty Umegbulem, countered the suit with a strong defense. They stated that the AEPB’s actions were lawful and aligned with the regulations governing public conduct in the FCT. A legal assistant, Ahmed Gidado, who deposed to the counter affidavit, argued that there was no evidence that the fundamental rights of any woman had been violated. The AGF’s office also denied receiving any pre-action notice from the applicant and maintained that their role was not to supervise every security agency’s operations.

Justice Omotosho: ‘Prostitution is Illegal in Nigeria’

In his ruling, Justice Omotosho formulated three key issues for determination: whether the applicant could represent a group of people in a fundamental rights enforcement suit, whether the case fell within the court’s jurisdiction, and whether the reliefs sought were legally enforceable. The judge affirmed that the NGO had the legal standing to bring the suit on behalf of sex workers. However, he ruled that prostitution is illegal under Nigerian law, specifically citing Sections 405 and 407 of the Penal Code Act applicable in the FCT. He emphasized that engaging in sex work is a criminal offense and that law enforcement agencies have the right to make arrests accordingly.

Legal Justification for Arrests

Justice Omotosho referenced Section 35(1)(c) of the 1999 Constitution, which permits the legal detention of persons suspected of committing an offense. He dismissed the argument that only women are targeted for arrest, noting that the case was built on an attempt to legitimize prostitution rather than enforce a genuine right to freedom from discrimination. Furthermore, the judge stressed that even if prostitution were not explicitly criminalized, Section 45 of the Constitution allows for restrictions on certain rights in the interest of public morality, safety, and order. He warned that allowing commercial sex workers to operate freely in the FCT could contribute to moral and public health concerns, including the spread of sexually transmitted infections (STIs).

Cultural and Legal Context of the Ruling

The court also addressed the broader cultural implications of the case. Justice Omotosho emphasized that while some Western countries have legalized prostitution, Nigeria operates under a legal framework that upholds African values and traditions. He ruled that prostitution is not part of Nigerian cultural norms and cannot be justified under human rights claims. “The idea that commercial sex work should be legally recognized in Nigeria is an anathema to our cultural and moral values,” he stated.

Final Ruling and Implications

In conclusion, the Federal High Court upheld the AEPB’s authority to arrest and prosecute commercial sex workers operating in Abuja. Justice Omotosho ruled that the case lacked merit and should be dismissed in its entirety. Legal experts have interpreted the ruling as a reinforcement of the government’s stance on public morality laws. It also highlights the limitations of human rights claims when they contradict existing penal laws. The judgment sets a legal precedent for future cases concerning prostitution and public morality in Nigeria, reinforcing the authority of regulatory agencies to maintain law and order in public spaces. #AbujaCourt, #SexWorkBan, #LegalRuling #FCT, #PublicMorality, #HumanRights, #JusticeOmotosho, #AEPB, #NigeriaLaw, Dayo Adesulu, online editor, SEO expert.