A Federal High Court in Abuja has dismissed a suit seeking to legalise commercial sex work in the Federal Capital Territory (FCT) without intimidation from security agencies of the federal government.
In his judgement, Justice James Omotosho said that commercial sex workers were even liable to be arrested and prosecuted for a jail term of two years under the criminal law known as the Penal Code.
In a judgement delivered on Wednesday, the trial judge, Justice James Omotosho, held that prostitutes have no legal rights to enjoy under any known law or the Constitution of the Federal Republic of Nigeria.
“This court wonders what kind of message the applicant was 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 sexual diseases.
“It is indeed shameful that the applicant should file an action such as this,” the judge held and added that prostitution constitutes an offence under the Penal Code Act.
According to him, it must be stated here that fundamental human rights in Nigeria are not absolute in operation. “There are instances which warrant a legal breach of some rights. A common instance is the arrest of a person suspected of committing an offence under Section 35(1)(c) of the 1999 Constitution (as amended).
“The women suspected of engaging in sex work on the streets of Abuja or prostitutes or vagabonds are by their actions committing an offence, and thus, their fundamental rights can be legally breached by the 1st respondent.
Allowing prostitutes to have free reign on the streets of Abuja will, in no time, destroy the moral fibre of the city and turn it into a hotbed of immorality. This court will not allow such to happen,” he said.
A Non-Governmental Organisation, Lawyers Alert Initiative for Protection of Rights of Children, Women and Indigents on behalf of the commercial sex workers had sought to stop the FCT Minister, Nyesom Wike, and the AEPB from harassing, intimidating, arresting and prosecuting them in Abuja.
