By Jane Okafor, Abuja
ABUJA: A Federal High Court sitting in Abuja has dismissed a suit seeking fundamental rights for commercial séx workers in the Federal Capital Territory FCT to practice without intimidation or arrest by security agencies of the federal government.
The presiding judge, Justice Justice Kolawole James Omotosho held that the pròstitutes have no legal rights under any known law or the Constitution of the Federal Republic of Nigeria to operate as commercial séx workers
In a judgment delivered on Wednesday, Justice Omotosho said that the plaintiffs (applicants) were even liable to be arrested and prosecuted for a jail term of two years of found guilty under the criminal law known as Penal Code.
The sex workers had sought protection of the court to stop the FCT Minister, Nyesom Wike and the Abuja Environmental Protection Board from ‘’harassing, intimidating, arresting and prosecuting them in Abuja.’’
They asked the Judge to enforce their fundamental human rights to pròstitution as enshrined in the Nigerian law.
The suit filed on May 14, 2024, asked the court to determine whether the duties of the AEPB include harassment, arrest, detention and prosecution of women suspected of engaging in sex work on the streets of Abuja.
However, Justice Omotosho, in his judgement, held that the application of the plaintiffs 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, dismissed for lack of merit.
“This court wonders what kind of message the Applicant was 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 like this.
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 respondent..
