Thr Federal High Court in Abuja has ruled against the legalization of prostitution in Nigeria, dismissing a lawsuit filed by commercial sex workers in the Federal Capital Territory (FCT).
The lawsuit sought to affirm their fundamental rights and prevent harassment by government agencies.
In his ruling, Justice James Omotosho described prostitution as an immoral act inconsistent with the cultural values of Nigeria’s ethnic groups.
He upheld the authority of FCT Minister Nyesom Wike and security agencies to continue arresting individuals engaged in commercial sex work.
According to the court, prostitutes do not have legally protected rights under Nigerian law, including the 1999 Constitution (as amended).
The case, identified as FHC/ABJ/CS/642/2024, was initiated by a non-governmental organization, Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent, on behalf of Abuja-based sex workers.
The respondents included the FCT Minister, the Abuja Environmental Protection Board (AEPB), the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF).
The applicants, represented by legal counsel Rommy Mom, argued that sex workers should be entitled to fundamental human rights under the 1999 Constitution.
They challenged the authority of the AEPB under Section 6 of the AEPB Act, 1997, questioning whether its duties extended to arresting and prosecuting suspected sex workers.
They further sought a court declaration against the characterization of arrested sex workers as “articles” or their bodies as “goods for purchase” under Section 35 (1) (d) of the AEPB Act, 1997.
The applicants requested the court to bar the AEPB and its agents from conducting raids and arrests targeting sex workers in Abuja.
Court’s Verdict and Justification
Justice Omotosho ruled that under Nigeria’s Penal Code, commercial sex workers can be arrested and prosecuted, with potential jail terms of up to two years.
The court deemed the application incompetent, stating that it failed to meet the requirements of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
As a result, the case was dismissed for lacking merit.
The judge emphasized that prostitution contradicts public morality and poses risks to public health and order. He noted that while some Western nations, such as the Netherlands, have legalized prostitution with benefits like pensions, this model is not applicable in Nigeria or other African nations, given their unique cultural and legal frameworks.
Cultural and Legal Considerations
Justice Omotosho highlighted the African Charter on Human and Peoples’ Rights, which prioritizes cultural relativism over universalism in human rights application.
He stressed that prostitution is considered alien and unacceptable in Nigeria’s cultural context, noting that even in the United States, it remains illegal in most states except for specific counties in Nevada.
The ruling reaffirmed the Nigerian government’s position against prostitution, classifying sex workers as vagabonds under the law.
The AEPB was deemed well within its legal rights to arrest and prosecute those engaging in commercial sex work, as their activities contribute to social nuisance and moral decay in the FCT.
Conclusion
The court’s decision solidifies the stance that prostitution remains illegal in Nigeria.
This ruling underscores the country’s commitment to upholding public morality and cultural values while reinforcing the authority of law enforcement agencies in regulating social behavior.
