No Law Protects Prostitution In Nigeria – Judge Rules

By Ayodele Oni

A Federal High Court in Abuja has said that there is no known law in Nigeria which gives legal backing to prostitution.

Justice James Omotosho made the remark on Wednesday while ruling in a suit seeking fundamental rights for commercial se3 workers.

The Judge dismissed the suit seeking fundamental rights for commercial se3 workers in the Federal Capital Territory (FCT) to operate without intimidation from security agencies of the federal government.

Omotosho held that they have no legal rights to enjoy under any known law or the Constitution of the Federal Republic of Nigeria.

Justice Omotosho pointed out that the commercial se3 workers were even liable to be arrested,  prosecuted for a jail term of two years under the criminal law known as Penal Code.

A Non Governmental Organization,  Lawyers Alert Initiative for Protection of Rights of Children, Women and Indigent had sued the Abuja Environmental Protection Board, FCT Minister, Federal Capital Territory Administration (FCTA) and the Attorney-General of the Federation (AGF) as 1st to 4th respondents respectively.

In the suit marked THC/ABJ/CS/642/2024, the sex workers had sought to stop the FCT Minister, Nyesom Wike and the Abuja Environmental Protection Board (AEPB) 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, through a team of lawyers led by Rommy Mom, Bamidele Jacobs and Victor Eboh, raised two questions for determination by the Judge.

It asked 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 se3 work on the streets of Abuja.

“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.

The lawyers, therefore, sought a declaration that the charge made by the personnel of the AEPB before the FCT Mobile Court, which referred to arrested women suspected of engaging in se3 work as ‘articles’ and considered their bodies as ‘goods for purchase,’ is discriminatory and violated the provisions 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 se3 work on the streets of Abuja.

They also sought 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 se3 work on the streets of Abuja.

The lawyers, therefore, prayed the court for an order restraining the AEPB, its agents or privies, from harassing, arresting and raiding women suspected of engaging in se3 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, it is hereby dismissed for lack of merit.”

“This court wonders what kind of message the applicant is 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 se3ual diseases.

“It is indeed shameful that the applicant should file an action such as this.”

Justice Omotosho held that the prostitutes which the group sought to protect “are vagabonds” and the AEPB is well within its right to arrest and prosecute them as they constitute nuisance in the FCT and are clearly committing an offence by parading themselves as “women of easy virtue.”