Court Dismisses Commercial Sex Workers’ Suit Against Wike

Justice James Omotosho of the Federal High Court Abuja has dismissed a suit seeking to stop the Minister of FCT, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting Commercial Sex Workers (CSWs) in Abuja.

Delivering judgement, Justice Omotosho, held that the application of the plaintiff was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Justice Omotosho held that even if it was competent, the reliefs sought were not grantable and thus, the suit was hereby dismissed for lack of merit.

The plaintiff, under the auspices of the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women and the Indigent, had instituted the suit.

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.

The originating summons was brought pursuant to Order 3, Rule 6 and 9 of the FHC (Civil Procedure Rules, 2019; Sections 6(6)(b), 41(1), and 42 of the 1999 Constitution (as amended) and under the inherent jurisdiction of the court.

In the suit, the lawyers 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.

They 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.

The lawyers, therefore, 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.

They sought an order restraining the 1st respondent (AEPB), her agents or privies from prosecuting women suspected of engaging in sex work on the streets of Abuja under Section 35(1) (d) of the AEPB Act, 1997.

Credit: channelstv.com

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