Court Dismisses Lawsuit Seeking Protection for Commercial Sex Workers

An Abuja Federal High Court, presided over by Justice James Kolawole Omotosho, has dismissed a lawsuit aimed at protecting commercial sex workers from harassment by security agents. The judge ruled that the Nigerian Constitution and existing laws do not grant legal recognition to prostitution.

Justice Omotosho cited the Penal Code, which permits the arrest, prosecution, and sentencing of sex workers to up to two years in prison. The case, filed as THC/ABJ/CS/642/2024 by the Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent, sought to prevent the Abuja Environmental Protection Board (AEPB) and Federal Capital Territory (FCT) authorities from detaining or prosecuting sex workers in Abuja.

The plaintiffs argued that the actions of AEPB violated their fundamental human rights and requested court declarations affirming that the agency had no legal authority to arrest women suspected of sex work. However, Justice Omotosho ruled that the application lacked merit and was incompetent under the 2009 Fundamental Rights (Enforcement Procedure) Rules.

In his judgment, he stated:

“A reasonable person would expect the applicant to 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 further referenced Sections 407 and 405(2)(d) of the Penal Code, reinforcing that prostitution remains a criminal offense. He also emphasized that fundamental human rights are not absolute, noting that they can be lawfully restricted under Section 45 of the Nigerian Constitution for reasons including public order and morality.

Justice Omotosho concluded that prostitution is inconsistent with Nigerian cultural values and dismissed the application in its entirety.