Court rules against legalising prostitution in FCT

The Federal High Court in Abuja has declined to legalise prostitution in Nigeria, dismissing a suit seeking to enforce the fundamental rights of commercial sex workers in the Federal Capital Territory (FCT).

Delivering judgment, Justice James Omotosho ruled that prostitution remains an immoral act alien to the cultural values of all ethnic groups in the country. The court held that there was no justification to prevent the FCT Minister, Nyesom Wike, and security agencies from arresting individuals engaging in the illicit trade.

According to the court, prostitutes do not possess legal rights under any existing Nigerian law or the 1999 Constitution (as amended).

The ruling followed a suit marked FHC/ABJ/CS/642/2024, filed by a group of sex workers through a Non-Governmental Organisation, Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent Persons. The suit sought to restrain the FCT Minister and the Abuja Environmental Protection Board (AEPB) from harassing, arresting, and prosecuting sex workers.

The applicants, represented by a legal team led by Rommy Mom, argued that prostitution was a fundamental right protected under the Constitution. They urged the court to determine whether AEPB’s duties under Section 6 of the AEPB Act, 1997, extended to the harassment and arrest of women suspected of engaging in sex work.

They further sought a declaration that referring to arrested sex workers as “articles” and their bodies as “goods for purchase” violated Section 42 of the 1999 Constitution.

However, in his judgment, Justice Omotosho held that under Nigeria’s Penal Code, commercial sex workers are liable to arrest and prosecution, carrying a potential jail term of two years.

‘Application Lacks Merit’

The court dismissed the suit, describing it as incompetent and lacking merit. Justice Omotosho stated that the reliefs sought were not enforceable under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

He said: “This court wonders what kind of message the applicant is sending by seeking to protect prostitutes. A reasonable organisation should focus on the development of the girl child and the protection of womanhood, rather than promoting immorality and the spread of sexual diseases.”

The judge maintained that prostitutes and vagabonds were committing an offence by their actions and could not claim fundamental rights protection.

He argued that granting such a request would set a dangerous precedent, similar to allowing a robber to demand protection for personal liberty.

“Allowing prostitution to thrive in Abuja will erode the moral fibre of the society. While some Western countries have legalised prostitution, Africa operates under cultural relativism, where human rights are interpreted in line with societal values. Prostitution is alien to African culture and remains an anathema,” he added.

Justice Omotosho noted that even in the United States, prostitution is illegal in most states except for a few counties in Nevada.

He ruled that the AEPB was within its rights to arrest and prosecute sex workers, as they constitute a public nuisance in the FCT.

Consequently, the court dismissed the suit, affirming that prostitution remains unlawful in Nigeria.

Court Rejects Legalisation of Prostitution in FCT

ABUJA— The Federal High Court in Abuja has declined to legalise prostitution in Nigeria, dismissing a suit seeking to enforce the fundamental rights of commercial sex workers in the Federal Capital Territory (FCT).

Delivering judgment, Justice James Omotosho ruled that prostitution remains an immoral act alien to the cultural values of all ethnic groups in the country. The court held that there was no justification to prevent the FCT Minister, Nyesom Wike, and security agencies from arresting individuals engaging in the illicit trade.

According to the court, prostitutes do not possess legal rights under any existing Nigerian law or the 1999 Constitution (as amended).

The ruling followed a suit marked FHC/ABJ/CS/642/2024, filed by a group of sex workers through a Non-Governmental Organisation, Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent Persons. The suit sought to restrain the FCT Minister and the Abuja Environmental Protection Board (AEPB) from harassing, arresting, and prosecuting sex workers.

The applicants, represented by a legal team led by Rommy Mom, argued that prostitution was a fundamental right protected under the Constitution. They urged the court to determine whether AEPB’s duties under Section 6 of the AEPB Act, 1997, extended to the harassment and arrest of women suspected of engaging in sex work.

They further sought a declaration that referring to arrested sex workers as “articles” and their bodies as “goods for purchase” violated Section 42 of the 1999 Constitution.

However, in his judgment, Justice Omotosho held that under Nigeria’s Penal Code, commercial sex workers are liable to arrest and prosecution, carrying a potential jail term of two years.

‘Application Lacks Merit’

The court dismissed the suit, describing it as incompetent and lacking merit. Justice Omotosho stated that the reliefs sought were not enforceable under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

He said: “This court wonders what kind of message the applicant is sending by seeking to protect prostitutes. A reasonable organisation should focus on the development of the girl child and the protection of womanhood, rather than promoting immorality and the spread of sexual diseases.”

The judge maintained that prostitutes and vagabonds were committing an offence by their actions and could not claim fundamental rights protection.

He argued that granting such a request would set a dangerous precedent, similar to allowing a robber to demand protection for personal liberty.

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“Allowing prostitution to thrive in Abuja will erode the moral fibre of the society. While some Western countries have legalised prostitution, Africa operates under cultural relativism, where human rights are interpreted in line with societal values. Prostitution is alien to African culture and remains an anathema,” he added.

Justice Omotosho noted that even in the United States, prostitution is illegal in most states except for a few counties in Nevada.

He ruled that the AEPB was within its rights to arrest and prosecute sex workers, as they constitute a public nuisance in the FCT.

Consequently, the court dismissed the suit, affirming that prostitution remains unlawful in Nigeria.