The Federal High Court in Abuja has dismissed a suit filed to prevent the Federal Capital Territory (FCT) Minister, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting commercial sex workers in Abuja.
Justice James Omotosho ruled on Wednesday that the suit lacked merit and was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
He added that even if the application had been properly filed, the reliefs sought were not legally enforceable.
The case was filed by the Incorporated Trustees of Lawyers Alert Initiative for Protecting the Rights of Children, Women and the Indigent.
The group sued the AEPB, the FCT Minister, the Federal Capital Territory Administration, and the Attorney General of the Federation, listed as the first to fourth respondents.
Filed on May 14, 2024, the suit was led by a team of lawyers including Rommy Mom, Bamidele Jacobs, and Victor Eboh.
The group asked the court to determine whether the powers of the AEPB under Section 6 of the AEPB Act, 1997, allowed it to harass, arrest, detain, or prosecute women suspected of sex work on Abuja streets.
They also sought a declaration that referring to these women as “articles” or treating their bodies as “goods for purchase” in charges filed at the FCT Mobile Court was discriminatory and violated Section 42 of the 1999 Constitution.
The group further requested an order restraining the AEPB and its agents from continuing such arrests and raids.
In his judgement, Justice Omotosho criticized the practice of prostitution, describing it as immoral and culturally unacceptable.
He said prostitution, known locally by terms such as olosho, ashewo, akwuna-akwuna, or hookup, is alien to Nigerian values.
“Prostitution has always been frowned upon as a deeply immoral act worthy of shame,” he stated, adding that even in some Western countries, it remains illegal.
“There is absolutely no justification for prostitution in Nigeria in the context of our cultural norms and traditions. It is an anathema in Africa.”
He concluded that the AEPB was within its rights to arrest and prosecute sex workers, labeling them a public nuisance and describing them as “vagabonds” under the law.
The judge questioned the motive behind the lawsuit, suggesting the applicant should have focused on promoting the development of the girl child and upholding the dignity of womanhood rather than advocating for commercial sex workers.
