By Correspondent in Abuja.
The Federal High Court in Abuja has dismissed a N500 million fundamental rights enforcement suit filed by a group of vulnerable residents of the Federal Capital Territory (FCT),including scavengers, beggars, and petty traders—against the Minister of the FCT, Nyesom Wike, and others.
In a detailed judgment, Justice James Omotosho held that the suit, filed by lawyer Abba Hikima, lacked merit and failed to provide credible evidence of any rights violation.
The court noted that the only evidence presented by the applicants consisted of uncertified online newspaper reports, which the judge ruled inadmissible under Section 156 of the Evidence Act.
“A party cannot merely present newspaper clippings or prints without certification by the National Library. Such reports are hearsay and hold no probative value,” the judge said, adding that accepting newspaper reports as evidence could open the floodgates to frivolous litigation based on unverified media stories.
Justice Omotosho also pointed out that the plaintiffs failed to identify any specific official or agent of the respondents who violated the rights of the alleged victims or participated in the purported raids.
“The burden of proof lies on the applicant. In this case, the applicants failed woefully to establish that their fundamental rights were breached,” he said.
He described the claims as “bare assertions without proof,” stressing that courts do not act on speculation but on solid evidence.
“There is no basis for this court to speculate on events of November 12, 2024, or the identity of any persons allegedly arrested or detained,” he added.
The judge further reasoned that even if arrests or detentions had occurred, they would not automatically amount to a violation of fundamental rights, especially where public interest, safety, or health was involved.
Citing Wike’s counter-affidavit, the court noted that those referred to as vulnerable persons had been found loitering, defecating in public, vandalizing public property, or serving as informants to criminal groups, which violated the Abuja Environmental Protection Act.
“Fundamental rights are not absolute. They can be lawfully restricted in situations involving suspicion of criminal activity or concerns over public safety and health,” Justice Omotosho ruled.
He rejected the applicant’s claim that there exists a fundamental right to beg. “There is no constitutional or legal provision supporting public begging as a profession. Even religious texts frown on it, advocating hard work instead,” he said.
Quoting Islamic and Christian scriptures, the judge emphasized that begging as a lifestyle was not dignifying and encouraged skill acquisition as an alternative, even for persons with disabilities.
The court noted that vocational and rehabilitation centres were available in Bwari and other parts of the FCT, but the applicants refused to make use of them.
“Allowing homeless persons, scavengers, beggars, and unauthorized traders to freely roam the city would amount to dereliction of duty on the part of the Minister. The FCT would be reduced to a haven for undesirable activities,” the judge stated.
He said granting the reliefs sought could turn Abuja into a refuge for destitute persons from across the country and undermine law and order.
The court also questioned the motive behind the N500 million damages sought by the lawyer, who filed the case in his name and claimed to represent unnamed vulnerable Nigerians.
“It is unclear how the damages would have been distributed among these citizens, as no names or identities were provided. It appears the funds, if granted, might have ended up in private pockets,” Justice Omotosho observed.
The judge held that the suit lacked merit and failed to meet the legal threshold for the enforcement of fundamental rights and dismissed the application in its entirety.
Our correspondent recalls that lawyer, Abba Hikima, had filed the suit on November 20, 2024, against Wike, the Inspector-General of Police, the Director-General of the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC), the Attorney-General of the Federation, and the Federal Government of Nigeria.
Hikima claimed the joint task force set up on Wike’s directive had arbitrarily arrested and detained vulnerable individuals under the guise of sanitizing the city, and he sought a declaration that their rights under Sections 34, 35, 41, and 42 of the 1999 Constitution had been violated.
However, the respondents denied all allegations and urged the court to dismiss the case,an argument the judge upheld.
Edited by Dada Ahmed.
