Abuja Sex Workers Lose Major Legal Battle as Court Dismisses Rights Suit
The Federal High Court in Abuja has dismissed a lawsuit filed by commercial sex workers seeking legal protection to operate without intimidation from security agencies in the Federal Capital Territory (FCT). In a landmark ruling delivered on Wednesday, Justice James Omotosho declared that prostitution is not recognized as a legal right under Nigerian law or the Constitution.
The sex workers had approached the court to challenge the alleged harassment, intimidation, and arrest by security agencies, including the Abuja Environmental Protection Board (AEPB) and the FCT Minister, Nyesom Wike. They sought an order to enforce their fundamental human rights to engage in prostitution, arguing that their livelihoods were being unjustly targeted.
However, Justice Omotosho ruled that the plaintiffs’ application was incompetent and lacked merit. He emphasized that prostitution is not only illegal under Nigerian law but also punishable by up to two years in jail under the Penal Code.
“Prostitutes have no legal rights under any known law or the Constitution of the Federal Republic of Nigeria,” Justice Omotosho stated. He added that even if the application were competent, the reliefs sought by the sex workers were not grantable.
Background of the Case
The lawsuit was filed by a group of commercial sex workers operating in Abuja, who claimed that their rights to dignity, freedom of association, and livelihood were being violated by the frequent raids and arrests conducted by security agencies. They argued that their profession, though controversial, should be recognized and protected under the law.
The plaintiffs also contended that the actions of the FCT Minister and the AEPB were discriminatory and infringed on their fundamental human rights. They sought an injunction to prevent further harassment and to allow them to operate freely in the FCT.
Court’s Ruling and Implications
Justice Omotosho’s ruling reaffirms the illegality of prostitution in Nigeria and underscores the challenges faced by sex workers in seeking legal recognition and protection. The judgment highlights the tension between the enforcement of criminal laws and the rights of individuals engaged in activities deemed illegal by the state.
The court’s decision is a significant setback for sex workers in Abuja, who now face increased vulnerability to arrest, prosecution, and imprisonment. It also raises questions about the broader issue of human rights and the protection of marginalized groups in Nigeria.
Reactions and Next Steps
The ruling has sparked mixed reactions from stakeholders, with some applauding the court for upholding the law and others criticizing the decision for failing to address the underlying issues faced by sex workers. Advocacy groups have called for a more compassionate approach to addressing the challenges of commercial sex workers, including access to healthcare, education, and alternative livelihoods.
While the court’s decision is final, the plaintiffs may explore other legal avenues or advocacy efforts to push for reforms that address the plight of sex workers in Nigeria. The case also highlights the need for a broader national conversation about the regulation of sex work and the protection of the rights of vulnerable populations.
Conclusion
The dismissal of the lawsuit marks a pivotal moment in the ongoing debate over the rights of sex workers in Nigeria. As the country grapples with issues of law enforcement, human rights, and social justice, the case serves as a reminder of the complexities surrounding the regulation of controversial professions and the need for inclusive policies that protect all citizens, regardless of their occupation.
For now, commercial sex workers in Abuja remain at risk of arrest and prosecution, with limited legal recourse to challenge the enforcement of laws that criminalize their activities. The ruling underscores the urgent need for comprehensive reforms that balance the enforcement of criminal laws with the protection of fundamental human rights.
