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You’re vagabonds, have no right to protect, court tells Abuja prostitutes
Justice James Omotosho, of the Federal High Court sitting in Abuja, on Wednesday, declined to legalise prostitution in the country, dismissing a suit that sought to enforce fundamental rights of commercial sex workers in the Federal Capital Territory, FCT, Abuja.
Omotosho, while describing prostitution as an immoral act alien to the cultural values of all the ethnic groups in the country, said he found no reason to stop the Minister of the FCT, Nyesom Wike and security agencies, from arresting those engaging in such illicit business.
Stressing that prostitutes had no legal rights to enjoy under any known law or the Constitution of the Federal Republic of Nigeria, 1999, as amended, he dismissed the argument of the lawyers to the petitioners that they had the right to carry out their lawful trade.
In the suit marked: FHC/ABJ/CS/642/2024, the sex workers had sought to bar the FCT Minister and the Abuja Environmental Protection Board (AEPB), from harassing, intimidating, arresting and prosecuting them.
The suit filed by Lawyers Alert Initiative for Protection of Rights of Children, Women and Indigent, an Abuja-based None Governmental Organisation, outside Wike and the AEPB, joined the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF).
Rommy Mom, leading their team of lawyers had prayed the court to enforce their right to prostitution, in line with all the fundamental human rights that were inured to them from the 1999 Constitution, as amended.
Specifically, he urged the court to determine whether the duties of the AEPB under Section 6 of the AEPB Act, 1997, extend to the harassment, arrest, detention and prosecution of women suspected of engaging in sex work on the streets of Abuja and also, under the provision of Section 35 (1) (d) of the AEPB Act, 1997, women could be regarded as articles or their bodies regarded as goods for purchase.
Upon the determination of the questions, the prostitutes also sought a declaration that a charge the AEPB entered before the FCT Mobile Court, which referred to arrested women suspected of engaging in sex work as “articles” and considered their bodies as “goods for purchase,” was discriminatory and a violation of Section 42 of the 1999 Constitution.
They sought a declaration that the duties of the board do not extend to the harassment, arrest and raid of women suspected of engaging in sex work on the streets of Abuja and a declaration that neither Section 6 of the AEPB Act, 1997, nor any extant laws of the country authorise the board to arrest women suspected of engaging in sex work on the streets of Abuja.
The women, while praying the court to restrain the AEPB, its agents or privies from harassing, arresting and raiding women suspected of engaging in sex work on the streets of Abuja, urged it to make an order directing all the respondents to ensure the proper application of the provisions of the Abuja Environmental Protect Act, 1997, by the first respondent, AEPB.
However, in his judgement on Wednesday, Omotosho in dismissing the suit, held that under the criminal law also known as the Penal Code, commercial sex workers were liable to be arrested and prosecuted for a jail term of two years, adding that their application was incompetent as it did not comply with the Fundamental Rights (Enforcement Procedure) Rules, 2009.
He also held that the reliefs were not grantable, adding: “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 like this. 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 its respondent.
“Holding a different opinion would mean that a person arrested in the process of robbing others can claim to be entitled to his fundamental rights to personal liberty and freedom. This would cause anarchy and chaos In the society. Assuming that prostitution is not an offense in the FCT, the rights of these prostitutes can legally be violated under Section 45 of the constitution, which allows the breach of a person’s right on the grounds of defence, public safety, public health, public order and public morality.
“It is a known fact that prostitutes are some of the clearest examples of indecency in society, and they are champions of immorality through their immoral dressing, exposing sensitive parts of their bodies, their use of vulgar language as well as the chief culprits in spreading sexual diseases.
“Allowing prostitutes to have free reign on the streets of Abuja will, in no time, destroy the moral fiber of the city and turn it into a hotbed of immorality.
“This court will not allow such to happen. This court is not unaware that prostitution had been legalised in some Western nations, including in the Netherlands, where prostitutes are now entitled to pensions and other benefits.
“This is not so in Africa. The African Charter on Human and People’s Rights, one of the Statutes enforced by the Fundamental Rights (Enforcement Procedure) Rules, is clear on what fundamental rights are in Africa. The preamble to the charter, Africans’ culture must reflect their idea of what constitutes human rights.
“This philosophy is what is known as cultural relativism in the framework of human rights. The counterpoint to this is universality, which posits that human rights should be the same in all places and should apply to persons irrespective of their culture, religion, race, gender or other differences.
“The idea behind universalism is to ensure uniformity in human rights development. Universality of human rights directly led to the drafting of the Universal Declaration of Human Rights, the first global human rights document. While it is theoretically sound, universalism, if applied, would offend the unique cultures of some people.
“For instance, the right to same-sex marriage, which is acceptable in Western nations like the United Kingdom, will be deeply unacceptable to conservative and religious nations like Arab nations.
“Thus, cultural relativism means that these nations can choose which of these rights to adopt or not. This explains why some conservative nations exercise their right to reservation regarding several sections of the Universal Declaration of Human Rights, which are in conflict with their cultural beliefs.
“I daresay that prostitution is alien and has never been part of our culture. Prostitution or ‘Olosho’ and ‘Ashewo’ as the Yorubas call it, ‘Akwuna-Akwuna’ as the Igbos call it, ‘Karuwa’ as the Hausas call it or ‘Hookup’ as the young people say it, is alien to our culture.
“It has been frowned upon as a deeply immoral act worthy of shame. The fact that civilisation and westernisation has taken some root in Nigeria still does not make it right. Even in some Western countries, prostitution is still seen as an immoral act.
“In the United States of America for instance, apart from a few counties in the state of Nevada, prostitution or sex work is illegal in the other 50 states of the US. There is absolutely no justification for prostitution in Nigeria in the context of our cultural norms and tradition, and in fact, prostitution is an anathema in Africa.
“Prostitutes are vagabonds and the AEPB is well within its right to arrest and prosecute them as they constitute a nuisance in the FCT and are clearly committing an offense by parading themselves as “women of easy virtue.
“I, therefore, hold that this application filed by the applicant has no basis and the rights claimed are unenforceable in light of the provisions of Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Preamble to the African Charter on Human and Peoples Rights.”
Obioma Obikeze, an internationally-acclaimed medical doctor will on April 1, assume duties as its new Managing Director and Chief Executive officer (MD-CEO) of Healthnomics HMO Plc, in a move the organisation, said is to tap his huge experience in healthcare policy and financing as well as strategic leadership and expertise in health insurance and managed care operations.
A statement by the organisation, announcing the appointment, cited Obikeze’s background including his transformative roles at the Federal Medical Centre Yenagoa, where he led significant operational enhancements in health insurance and managed care programmes, saying his commitment to excellence in healthcare leadership remained evident from his recent tenure as Acting Head of Clinical Services and Training at his institution.
The statement, signed by Kenneth N. Ozoilo, a Professor and Chairman, Board of Directors, said further relished the quality of the new organisation’s boss, saying with a medical degree from the University of Nigeria, a fellowship of the West African College of Physicians, and a master’s degree in epidemiology and medical statistics from the University of Ibadan, fitted perfectly into the company’s desires and mandate.
“Obikeze was also a World Bank Exchange Scholar at the Heller School for Social Policy and Management at Brandeis University, Massachusetts, USA, graduating with a master of science (MS) in International Health Policy and Management. He also holds certifications in Health Care Financing for Universal Health Coverage from prestigious institutions like the World Health Organization, Geneva, Switzerland, and Heidelberg University, Germany.
“We are pleased to have Dr. Obioma Obikeze lead our team. His exceptional expertise, track record, and uncommon commitment make him the perfect candidate to guide our organization towards impactful healthcare solutions for our clients,” Ozoilo, said.
On his part, the new MD-CEO, was quoted as saying: “I am thrilled to lead Healthnomics HMO Plc on our mission to redefine healthcare quality through responsible and accountable purchasing arrangements. Our dedicated team is focused on enhancing health outcomes, elevating the patient experience, and fostering positive collaborations and accountability with our stakeholders.”
Ozoilo, who described the company as described as a visionary Health Maintenance Organisation driven by its mission to enhance access to quality and affordable healthcare services to individuals, families, and corporate organisations at affordable costs. We work to improve health outcomes, enhance responsible patient experience, and make a positive impact on our communities.
Onyekachi Nwaebonyi, Senator representing Ebonyi North Senatorial District, at the National Assembly, is still talking tough hours after raining expletives on Oby Ezekwesili, former Minister of Education, calling her a thug, an old woman with smelly mouth among others during an engagement in the Senate, on Tuesday.
The ugly encounter took place at the sitting of the Senate Committee on Ethics, Privileges, and Public Petitions during the commencement of hearing on the petition of sexual harassment brought by Natasha Akpoti-Uduaghan, the Senator representing Kogi Central against Godswill Akpabio, Senate President.
Contrary to the belief in some quarters that he spoke in the heat of the moment and on reflection would be regret the words he used at the former Minister, before then Vice President of the World Bank for Africa, Nwebonyi, palpably still burning with anger, told his host on Politics Today, a public affairs programme on Channels Television on Tuesday evening, that he had no such regrets.
Justifying his obstinate position, he accused the former Minister of bringing the insults on herself deservedly for ordering him to shut up, even when she knew she was speaking to a Senator of the Federal Republic of Nigeria, adding that such insult to his person would never be allowed.
Hear him: “It started when she was asked to be an oath because she said she was a witness. She said, ‘no she can’t be on oath, she can’t oath.’ As a person, I said I am willing to be sworn on oath so that I can give my own evidence. I was addressing the presiding office. She turned to me and said, ‘Will you shut up your mouth, you are a hooligan.”
Absolving himself of blame at the choice of his word in which he thundered: “How can I regret the scenario? I gave it to her. Is it fair for her to address me that way? As a former minister of the federal republic and a grandmother, ask her first.”
Oby Ezekwesili, former Minister of Education, on Tuesday, gave further details on the altercation between her and Onyekachi Nwaebonyi, Senator representing Ebonyi North, at the National Assembly, during the commencement of hearing of the sexual harassment case filed against Godswill Akpabio, Senate President by Natasha Akpoti-Uduaghan, Senator representing Kogi West.
At the Senate Committee on Ethics, Privileges, and Public Petitions, the two had engaged each other in a shouting match, using unprintable names, with the Senator virtually going overboard to as much as calling the former Vice President of the World Bank, a whore.
A guest at Prime Time, a public affairs programme of ARISE NEWS Network, hours after the incident, the former Minister admitted telling the Senator to shut-up, but explained that it was because the team of Akpoti-Uduaghan, was overly stressing Senate rules over the constitution and giving undue preference to the Akpabio camp.
Giving a detailed account of the encounter, she said: “I was there as the Chair of the global body known as the Women Political Leaders. It is based in Brussels, but it is a global body for all women who have been Presidents or former Presidents, Prime Ministers, parliamentarians and members of cabinet of countries.
“So, it is a global flagship for women political leadership. And so, I was there as a witness on her side on the basis of the expert knowledge that we have over this issue around the world. It is based on data that this is a problem. One out of every three women, has faced one form of sexual-based violence or the other. And so, a lot of countries are paying serious attentions to it, because it is inimical to the society.”
The former Minister who was present at the hearing alongside Abiola Akiyode-Afolabi, lawyer to Zubairu Yakubu, who raised the petition on behalf of the Kogi Senator, one in the four females in the 10th Senate, narrated how the petitioners raised the issue of bias against the committee, said she became more displeased, when the committee tried to dismiss the Natasha team as unserious.
“In fact the words they used was that ‘we do serious things here, we don’t have time for unserious things.’ At that time, I had my hand up and I said, ‘I actually think that was a wrong use of words, we are not unserious people, this is a serious matter.’ Many conversations went on. Eventually, the Senate Ethics Committee, decided that based on the fact that the petitioner was saying that he wasn’t going to go into his main petition until they assured him that on the two objections that he had, they said, it meant we were not ready to engage on the matter.
“Then, suddenly, they also said, by the way, this matter is sub-judice because there are two cases in court and they mentioned the case of the wife of the Senate President and that on the basis of that they actually really shouldn’t… it was at that point that Dr. Abiola said, what’s the point, why are we here?
“When all that was going on, then, this Senator, who I would not acknowledge by mentioning his name, he then said if they are not ready about giving any testimony, I am here representing the Senate President as a respondent. I’m prepared to speak because we can’t continue with this. Then I said to him, ‘can you please shut up?’ Because we were just told that we couldn’t speak. And you have been speaking without any form of an equivalent treatment.
“You said we couldn’t speak because we were not ready to go into any conversation without our objections being addressed. Yes I said that. But he was already provoked, by the fact that he felt that we were not serious. Part of what inflamed it was that the petitioner said, by the way, it is this Senator that made a lot of statements about my Senator in words that were not complimentary.”
Obikeze, globally-acclaimed medical doctor, becomes Healthnomics’ MD-CEO
I don’t regret my insult on Oby Ezekwesili, she deserved it – Nwaebonyi
Why I asked Nwaebonyi to shut up – Oby Ezekwesili
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