Court declines to legalise prostitution, dismisses Abuja sex workers’ suit

ABUJA— The Federal High Court sitting in Abuja, yesterday, declined to legalise prostitution in the country, even as it dismissed a suit that sought to enforce fundamental rights of commercial sex workers in the Federal Capital Territory, FCT, Abuja.

The court, in a judgment delivered by Justice James Omotosho, while describing prostitution as an immoral act that is alien to cultural values of all the ethnic groups in the country, said it found no reason to stop the Minister of the FCT, Nyesom Wike, and security agencies, from arresting those that engage in such illicit business.

According to the court, prostitutes have no legal rights to enjoy under any known law or the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The judgement followed a suit marked: FHC/ABJ/CS/642/2024, which the sex workers filed to bar the FCT Minister and the Abuja Environmental Protection Board, AEPB, from harassing, intimidating, arresting and prosecuting them.

Aside from Wike and the AEPB, other respondents in the legal action that was initiated on behalf of Abuja-based prostitutes, by a Non Governmental Organisation under the aegis of Lawyers Alert Initiative for Protection of Rights of Children, Women and Indigent, were the Federal Capital Territory Administration, FCTA, andAttorney-General of the Federation, AGF.

The applicants had through their team of lawyers led by Mr. Rommy Mom, prayed the court to enforce their right to prostitution, in line with all the fundamental human rights that inure to them from the 1999 Constitution, as amended.

Specifically, they urged the court to determine whether the duties of the AEPB under Section 6 of the AEPB Act, 1997, extends to the harassment, arrest, detention and prosecution of women suspected of engaging in sex work on the streets of Abuja.

As well as, whether by the provision of Section 35 (1) (d) of the AEPB Act, 1997, women can be regarded as articles or their bodies regarded as goods for purchase.

Upon the determination of the questions, the applicants sought a declaration that a charge the AEPB entered before the FCT Mobile Court, which referred to arrested women suspected of engaging in sex work as “articles” and considered their bodies as “goods for purchase,” was discriminatory and a violation of Section 42 of the 1999 Constitution.

They sought a declaration that the duties of the board does not extend to the harassment, arrest and raid of women suspected of engaging in sex work on the streets of Abuja.

A declaration that neither Section 6 of the AEPB Act, 1997, nor any extant laws of the country, authorise the board to arrest women suspected of engaging in sex work on the streets of Abuja.

The applicants also prayed the court to restrain the AEPB, its agents or privies, from harassing, arresting and raiding women suspected of engaging in sex work on the streets of Abuja.

As well as to make an order, directing all the respondents to ensure proper application of the provisions of Abuja Environmental Protect Act, 1997, by the 1st respondent, AEPB.

However, in his judgement, yesterday, Justice Omotosho held that under the criminal law also known as the Penal Code, commercial sex workers are liable to be arrested and prosecuted for a jail term of two years.

VANGUARD.