Justice James Omotosho of the Federal High Court Abuja has dismissed a suit seeking fundamental rights for commercial sex workers in the Federal Capital Territory FCT to operate without intimidation from 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.
In a judgment delivered on Wednesday, Justice Omotosho said that the commercial sex workers were even liable to be arrested 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 harrassing, 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 May 14, 2024, asked the court to determine whether the duties of the AEPB includes 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.
