The Federal High Court in Abuja has dismissed a suit filed to prevent the Minister of the Federal Capital Territory (FCT) Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting women suspected of engaging in commercial sex work in Abuja.
Justice James Omotosho, delivering the judgment on Wednesday, ruled that the application lacked merit and was not competent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
The suit, brought by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent, challenged the AEPB’s actions as discriminatory and a violation of the women’s fundamental rights under the 1999 Constitution.
The plaintiff argued that referring to the arrested women as “articles” or “goods for purchase” was demeaning and discriminatory. They sought an order restraining the AEPB and other respondents from harassing or prosecuting women suspected of sex work.
However, the court found that the reliefs sought were not grantable. Justice Omotosho noted that the Fundamental Rights Enforcement Procedure Rules cannot be used to enforce rights on behalf of another person, especially when there is no evidence that the applicant’s own rights were violated.
The judge emphasized that prostitution is an illegal act under the Penal Code Act operative in the FCT, which classifies prostitutes as vagabonds. He stated that allowing prostitution to flourish would undermine public morality and the cultural norms of Nigeria.
Citing the cultural relativism framework, Justice Omotosho argued that Nigeria’s traditional values do not accommodate prostitution. He further criticized the applicant, a civil society organization, for filing a suit perceived to promote immorality, urging them instead to focus on initiatives that empower and protect the dignity of women.
“This application has no basis, and the rights claimed are unenforceable in light of the provisions of the Constitution and the African Charter on Human and Peoples’ Rights,” the judge concluded.
The ruling underscores the court’s stance on upholding public morality and cultural values while rejecting attempts to challenge the enforcement of laws against prostitution in the FCT.
