FCT, Abuja – The Federal High Court Abuja has dismissed a suit seeking to stop the Minister of FCT, Nyesom Wike, from arresting and prosecuting Commercial Sex Workers (CSWs) in Abuja.
The suit was filed against Wike and the Abuja Environmental Protection Board (AEPB) by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent.
Justice James Omotosho ruled that the application of the plaintiff was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
As reported by Channels Television, Justice Omotosho dismissed the suit for lacking in merit.
The court also held that the reliefs sought by the plaintiff were not grantable
The group sued the AEPB, FCT Minister, Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF) as 1st to 4th respondents respectively.
According to the suit, the plaintiff prayed the court to determine whether the duties of the AEPB under Section 6 of the AEPB Act, 1997, extend to the harassment, arrest, detention, and prosecution of women suspected of engaging in sex work on the streets of Abuja.
The lawyers prayed to the court for an order restraining the AEPB, its agents, or privies, from harassing, arresting, and raiding women suspected of engaging in sex work on the streets of Abuja.
Delivering his judgement, Justice Omotosho ruled that:
“These women whom the applicant is suing for are to use the proper word, ‘prostitutes’ and their profession is ‘prostitution.’ This court wonders if prostitution has become legal in the Federal Capital Territory (FCT).
“Under the Penal Code Act which is operational in the FCT, prostitutes are regarded as vagabonds under Section 405 (1) (d),”
Citing Sections 405(2)(d) and 407 of the Act, the judge said:
“The import of the above provisions is that prostitution constitutes an offence under the Penal Code Act.”
Legit.ng earlier reported that Wike and AEPB were dragged to court over a plan to arrest sex workers in Nigeria’s capital.
Justice Omotosho fixed March 12 to challenge the legal rights of the plaintiffs to arrest the sex workers.
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