Justice James Omotosho of the Federal High Court in Abuja has dismissed a lawsuit seeking fundamental rights for commercial s3x workers in the Federal Capital Territory (FCT) to operate without intimidation or arrest by security agencies.
In a judgment delivered on Wednesday, Justice Omotosho ruled that pr0stitutes have no legal rights under any known law or the Nigerian Constitution. He further stated that under the Penal Code, commercial s3x workers are liable to be arrested and prosecuted, facing up to two years in jail.
The s3x workers had sought a court order preventing FCT Minister Nyesom Wike and the Abuja Environmental Protection Board (AEPB) from harassing, arresting, and prosecuting them in Abuja. They argued that their fundamental human rights to engage in s3x work were protected under Nigerian law.
The lawsuit, filed on May 14, 2024, asked the court to determine whether the AEPB’s duties include harassing, arresting, detaining, and prosecuting women suspected of engaging in s3x work on the streets of Abuja.
However, Justice Omotosho ruled that the application was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009. Even if it were competent, he said, the reliefs sought were not legally valid and dismissed the case for lack of merit.
“This court wonders what kind of message the applicant intended to send by seeking to protect prostitutes,” he said. “A reasonable person would expect such an applicant to focus on developing the girl child and protecting the sanctity of womanhood instead of promoting immorality and the spread of s3xually transmitted diseases. It is shameful that such a lawsuit was even filed.”
The judge stressed that women suspected of engaging in s3x work are committing an offense, making any violation of their rights legally permissible. He compared it to a robber claiming a right to personal liberty while committing a crime, arguing that this would lead to societal anarchy.
He also cited Section 45 of the Nigerian Constitution, which allows for the restriction of certain rights in the interest of public defense, safety, health, order, and morality. He described pr0stitutes as examples of societal indecency, contributing to immorality and the spread of diseases.
Justice Omotosho rejected comparisons to Western countries where pr0stitution is legal, emphasizing that African cultural values must guide human rights interpretations. He highlighted that pr0stitution has never been part of African culture and remains widely condemned across the continent.
“Prostitution, known as ‘Olosho’ in Yoruba, ‘Akwuna-Akwuna’ in Igbo, ‘Karuwa’ in Hausa, and ‘Hookup’ among young people, has always been frowned upon in our society,” he said. “The fact that Western influences have taken root in Nigeria does not make it right.”
He pointed out that even in the United States, pr0stitution remains illegal in 50 states except for a few counties in Nevada. He concluded that there is no justification for pr0stitution within Nigeria’s cultural and legal framework.
The judge further ruled that pr0stitutes qualify as vagabonds under the law, and the AEPB has the authority to arrest and prosecute them as they constitute a public nuisance in Abuja.
“This application has no legal basis, and the rights claimed are unenforceable under Section 45 of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights,” he ruled.
