In a landmark ruling, the Federal High Court in Abuja has refused to legalize prostitution, dismissing a suit filed by commercial sex workers seeking to enforce their fundamental rights in the Federal Capital Territory (FCT).
Presiding over the case, Justice James Omotosho described prostitution as an immoral act incompatible with the cultural values of Nigeria’s diverse ethnic groups. He ruled that prostitutes do not enjoy any legal protection under the Constitution of the Federal Republic of Nigeria (1999, as amended), and upheld the right of security agencies to arrest and prosecute those engaged in the illicit trade.
The case, marked FHC/ABJ/CS/642/2024, was filed on behalf of Abuja-based sex workers by the Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigents, a Non-Governmental Organization (NGO). The suit named several respondents, including FCT Minister Nyesom Wike, the Abuja Environmental Protection Board (AEPB), the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF).
The applicants, led by legal counsel Rommy Mom, sought a judicial declaration affirming their right to engage in sex work, arguing that harassment, arrest, and prosecution of women suspected of prostitution violated their fundamental rights.
Specifically, they challenged the AEPB’s authority under Section 6 of the AEPB Act (1997), questioning whether the Board’s duties extended to the raid, detention, and prosecution of sex workers. Additionally, they contended that referring to arrested sex workers as “articles” and treating their bodies as “goods for purchase” was discriminatory and a violation of Section 42 of the Constitution.
Justice Omotosho, in his judgment, rejected all the reliefs sought by the applicants, declaring their claims “incompetent, baseless, and devoid of merit.”
He emphasized that under Nigeria’s Penal Code, prostitution is a criminal offense punishable by up to two years in prison. The court further ruled that the case did not meet the legal standards for a Fundamental Rights Enforcement suit, as outlined in the 2009 Fundamental Rights (Enforcement Procedure) Rules.
Expressing strong disapproval of the suit, Justice Omotosho said:
“It is shameful that the applicants have chosen to advocate for the protection of prostitutes instead of championing the development of the girl child and the dignity of womanhood. The argument that these women have a right to prostitution is legally and morally unacceptable.”
He dismissed the assertion that sex workers’ rights were being violated, comparing their situation to that of criminals caught in the act of robbery:
> “Holding a different opinion would mean that a person arrested in the process of robbing others can claim his fundamental rights to liberty and freedom were violated. Such a stance would lead to anarchy.”
The judge underscored that public morality is a recognized ground under Section 45 of the Constitution for restricting certain rights, especially when such activities threaten social order. He asserted that prostitution is “alien to African culture”, adding that while some Western nations, such as the Netherlands, have legalized it, Nigeria is under no obligation to follow suit.
> “The African Charter on Human and Peoples’ Rights mandates that cultural values must shape the understanding of human rights on the continent. Prostitution—known as ‘Olosho’ in Yoruba, ‘Akwuna-Akwuna’ in Igbo, ‘Karuwa’ in Hausa, or ‘Hookup’ in modern slang—has always been frowned upon as a deeply immoral act in Nigerian society.”
Citing global precedents, the court noted that even in the United States, prostitution remains illegal in 49 out of 50 states, with the exception of a few counties in Nevada.
In a final rebuke, the court ruled that prostitutes are “vagabonds” under Nigerian law and can lawfully be arrested and prosecuted by the AEPB. It stated that their activities constitute a public nuisance, tarnishing the moral fabric of the FCT.
> “Allowing prostitutes to roam freely on the streets of Abuja will destroy the moral integrity of the city. This court will not stand by and let that happen,” Justice Omotosho declared.
Concluding the matter, the court dismissed the application in its entirety, ruling that the claimed rights were unenforceable in light of Section 45 of the Constitution and the African Charter on Human and Peoples’ Rights.
This judgment reinforces the government’s stance against prostitution in Abuja, sending a strong message that the courts will not entertain legal attempts to normalize or protect sex work in Nigeria.
PIONEER NEWS 