AISHA ABUBAKAR
Association of commercial sex workers has suffered set back over their business following the decision of the Federal High Court in Abuja dismissing their suit seeking fundamental rights for commercial sex in the FCT.
P.M.EXPRESS reports that the presiding judge, Justice James Omotosho of the Federal High Court Abuja, dismissed their suit seeking fundamental rights for commercial sex workers in the Federal Capital Territory to operate without intimidation or arrest by security agencies of the Federal Government.
The Judge held that the prostitutes have no legal rights under any known law or the Constitution of the Federal Republic of Nigeria and that the commercial sex workers were even liable to be arrested and prosecuted for a jail term of two years under the criminal law known as Penal Code.
The sex workers had sought 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 prostitution as enshrined in the Nigerian law. The suit filed on 14th May, 2024, asked the Court to determine whether the duties of the AEPB included 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 plaintiff 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.”
It is not yet certain if the association will appeal against the judgment, which seems to have given powers to the security agencies to arrest and prosecute sex workers under the Penal Code in FCT Abuja.