Abuja Sex Workers Lose Legal Battle Against Wike, AGF, Others Over Prostitution Legality
Justice James Kolawole Omotosho of the Federal High Court in Abuja has dismissed a lawsuit seeking to affirm the fundamental rights of commercial sex workers in the Federal Capital Territory (FCT) to operate without harassment by security agencies.
In his judgment delivered on Wednesday, Justice Omotosho ruled that prostitution has no legal recognition under any known law or the Constitution of the Federal Republic of Nigeria. He further stated that sex workers are liable to arrest and prosecution, with penalties including a two-year jail term under the Penal Code.
Legal Challenge and Arguments
The lawsuit was initiated by Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent—a Non-Governmental Organization (NGO)—against the Abuja Environmental Protection Board (AEPB), the FCT Minister, the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF), who were listed as the 1st to 4th respondents, respectively.
Filed under suit number THC/ABJ/CS/642/2024, the case sought to prevent the FCT Minister, Nyesom Wike, and the AEPB from allegedly harassing, arresting, and prosecuting sex workers in Abuja. The applicants argued that such actions violated their fundamental human rights.
The legal team, led by Rommy Mom, Bamidele Jacobs, and Victor Eboh, presented two primary questions for determination:
1. Whether the AEPB’s statutory duties under Section 6 of the AEPB Act, 1997, extended to the harassment, arrest, detention, and prosecution of women suspected of engaging in sex work in Abuja.
2. Whether Section 35(1)(d) of the AEPB Act, 1997, allowed women to be classified as “articles” or their bodies as “goods for purchase.”
Reliefs Sought by the Plaintiffs
The applicants sought several declarations, including:
That referring to arrested women as “articles” or considering their bodies as “goods for purchase” violated Section 42 of the 1999 Constitution and was discriminatory.
That the AEPB’s duties do not extend to the harassment or arrest of women suspected of engaging in sex work.
That no existing law in Nigeria authorizes the board to arrest such individuals.
An injunction restraining the AEPB and other respondents from harassing, arresting, or prosecuting sex workers in Abuja.
A directive ensuring the proper application of the Abuja Environmental Protection Act, 1997 by the AEPB.
Court’s Ruling and Justification
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In his ruling, Justice Omotosho dismissed the application as incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009. Even if it had been competent, he maintained that the reliefs sought were not grantable and lacked merit.
The judge expressed strong disapproval of the lawsuit, questioning its moral implications.
“This court wonders what kind of message the applicant is sending by seeking to protect prostitutes. A reasonable person would expect the applicant to focus on developing the girl child and protecting the sanctity of womanhood rather than promoting immorality and the spread of sexual diseases.”
He further ruled that prostitution constitutes an offense under Sections 405(2)(d) and 407 of the Penal Code Act, which criminalizes acts of indecency and public nuisance.
Justice Omotosho emphasized that fundamental human rights in Nigeria are not absolute and can be legally restricted for public safety, order, morality, and health. Citing Section 45 of the Constitution, he explained that the state has the authority to regulate activities deemed harmful to societal values.
“It must be stated that fundamental human rights in Nigeria are subject to restrictions. Suspected sex workers can be arrested on legal grounds just as a person caught in the act of robbery cannot claim the right to personal liberty.”
Cultural and Legal Perspectives
The judge also drew a distinction between universal human rights and cultural relativism, stating that African societies have deeply ingrained moral and cultural norms that prohibit prostitution.
“While some Western nations, such as the Netherlands, have legalized prostitution, Africa operates under a different moral framework. Nigeria, being a culturally conservative nation, does not recognize prostitution as a legitimate profession.”
He cited that even in the United States, prostitution remains illegal in 50 states except for a few counties in Nevada. He further asserted that prostitution is an anathema to Nigerian culture, referencing local terms such as ‘Olosho’ (Yoruba), ‘Akwuna-Akwuna’ (Igbo), ‘Karuwa’ (Hausa), and ‘Hookup’ (modern slang) to highlight society’s disapproval of the act.
> “The fact that civilization and Westernization have taken root in Nigeria does not validate prostitution. It remains a deeply immoral act.”
Final Verdict
Justice Omotosho concluded that the AEPB was within its rights to arrest and prosecute sex workers, as they constitute a public nuisance in the FCT.
> “The applicants’ claims have no legal basis, and the rights sought are unenforceable in light of the provisions of Section 45 of the Constitution and the African Charter on Human and Peoples’ Rights.”
With this ruling, the court has upheld the criminalization of commercial sex work in Abuja, reinforcing the FCT authorities’ mandate to curb public nuisance and uphold moral order.
By PRNigeria
