The Federal High Court in Abuja has dismissed a N500 million suit filed against the Minister of the Federal Capital Territory (FCT), Nyesom Wike, by vulnerable FCT residents, including scavengers, beggars, and petty traders.
Justice James Omotosho, in his judgment, ruled that the fundamental rights enforcement suit, filed by lawyer Abba Hikima on behalf of the plaintiffs, lacked merit.
Justice Omotosho stated there was no credible evidence on record to prove that the rights of these vulnerable individuals were breached by the defendants.
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The judge highlighted that the only evidence presented by the applicants were uncertified online copies of newspaper reports.
He clarified that “in relying on newspaper reports, a party cannot just print or buy a newspaper from vendor and bring it to court without being certified by National Library” in line with Section 156 of the Evidence Act. Omotosho emphasized that such uncertified reports could be forged or doctored, and the court would not rely on them to establish the truth of their contents, deeming them “hearsay evidence” with no probative value.
He warned that allowing reliance on uncertified newspaper reports would open a “floodgate of litigations” with potentially frivolous suits.
Justice Omotosho also noted the applicants’ failure to identify any specific officer or agent of the defendants who allegedly violated the vulnerable persons’ rights or participated in the alleged raid on November 12, 2024.
He stressed that the burden of proving a breach of fundamental rights lies squarely with the applicant, which in this case, they “failed woefully to do so.”
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The judge described the suit as “filled with bare assertions without any proof whatsoever” and based on “speculative” facts.
Addressing the counter-affidavit filed by Minister Wike, the judge acknowledged the minister’s claims that the vulnerable persons (beggars, scavengers, petty traders) engaged in activities such as displaying goods in unauthorized places, public defecation, constituting security threats, and vandalizing public property, even serving as “spies to kidnappers and terrorist organisations.”
Wike had argued these actions violated the Abuja Environmental Protection Act.
Justice Omotosho concurred that such allegations could justify a breach of fundamental rights, as fundamental rights are not absolute and can be curtailed on grounds of public safety, public order, public health, or suspicion of committing crimes.
He explicitly stated, “there is no fundamental right to beg and no law outrightly supports public begging or begging as a venture.”
Citing religious texts (Koran, Hadiths, Bible) and legal principles, the judge emphasized the importance of hard work over begging as a profession, even for physically challenged individuals who, he noted, could learn suitable skills.
He also criticized scavengers for sleeping and defecating in public places, posing health risks.
The judge observed that the minister had argued that skill acquisition and rehabilitation centers were established in Bwari for these vulnerable individuals, but they refused to utilize them.
Therefore, Justice Omotosho concluded that allowing homeless persons, scavengers, beggars, and unauthorized petty traders to freely roam the city would constitute a dereliction of duty by the minister, potentially turning the capital city into an “eyesore.”
He held that removing them from Abuja streets could not be deemed a violation of their fundamental rights.
Granting the reliefs sought by the applicant, he stated, would risk turning the FCT into a “safe haven for the destitute and vagabonds,” potentially encouraging criminality, which was not the intention of the constitution’s drafters.
Consequently, he found the minister’s actions, pursuant to the Abuja Environmental Protection Act, to be constitutional and legal.
Finally, the judge questioned the request for damages, given that the legal practitioner filed the suit without providing names or details of the vulnerable persons.
He speculated that if granted, such monies “would have ended up in the private pockets of persons not falling within this group of vulnerable citizens.”
In conclusion, the court dismissed the application in its entirety for lack of merit, stating there was no credible proof to support the reliefs sought.
The aggrieved residents, through their lawyer Abba Hikima, had initially sued Wike and the Inspector-General of Police, among others (DG SSS, NSCDC, AGF, Federal Government), demanding N500 million in damages for alleged breaches of their fundamental rights, including arbitrary arrest, detention without charges, harassment, and extortion.
They argued that it is not a crime to be homeless, beg, or engage in petty trade in Nigeria, attributing their plight to government failure.
Wike and the other respondents had filed separate counter-affidavits urging the court to dismiss the suit.
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