Justice James Kolawole Omotosho of the Federal High Court in Abuja has dismissed a lawsuit seeking to protect the rights of commercial sex workers in the Federal Capital Territory from harassment by security agencies.
The judge ruled that prostitutes have no legal rights under Nigerian law or the Constitution, and are therefore liable to arrest, prosecution, and a two-year jail term under the Penal Code.
A non-governmental organisation, Lawyers Alert Initiative, had filed the lawsuit against the Abuja Environmental Protection Board, FCT Minister, FCTA, and the Attorney-General of the Federation.
In a lawsuit filed on May 14, 2024, a group of sex workers sought an order to stop the FCT minister, Nyesom Wike, and AEPB from harassing, intimidating, arresting, and prosecuting them in Abuja, arguing that their fundamental human rights to engage in prostitution as provided for in Nigerian law were being violated.
They sought a declaration that neither Section 6 of the AEPB Act, 1997, nor any existing laws in the country, authorize the board to arrest women suspected of engaging in sex work on Abuja’s streets.
They also sought a declaration that Section 35(1) (d) of the AEPB Act, 1997, does not treat women as ‘articles’ or their bodies as ‘goods for purchase.’
Furthermore, the lawyers asked the court to restrain the AEPB, its agents, or privies, from harassing, arresting, and raiding women suspected of engaging in sex work on Abuja’s streets. However, the judge dismissed the case, stating that even if it was competent, ‘the reliefs sought are not grantable and thus, it is hereby dismissed for lack of merit.’
