A Federal High Court in Abuja has set March 12, 2025, to deliver its judgment in a case challenging the arrest and prosecution of sex workers under the Federal Capital Territory (FCT) Minister Nyesom Wike’s administration.
The court’s decision will determine whether the Abuja Environmental Protection Board (AEPB) can continue its controversial operations of harassing, arresting, and prosecuting women suspected of engaging in sex work in the capital.
The case was brought by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent, a human rights organization advocating for vulnerable women. According to the group, the AEPB, under Wike’s directive, has unlawfully targeted women engaged in sex work by arresting them under laws that allegedly misclassify them as “articles” or “goods for purchase.”
The plaintiffs’ legal team, which includes prominent human rights lawyers Rommy Mom, Bamidele Jacobs, and Victor Eboh, argue that the actions of the AEPB violate several constitutional rights guaranteed under Nigeria’s 1999 Constitution, including the right to personal liberty and protection against discrimination.
“We believe the provisions under Section 35(1)(d) of the AEPB Act, which the authorities rely upon, are being misapplied to justify the harassment and prosecution of these women,” said Rommy Mom, lead counsel for the plaintiffs.
The case, which was filed in May 2024, revolves around two primary issues. The first is whether the AEPB has the legal authority to arrest, detain, or prosecute individuals suspected of engaging in sex work based solely on their presence in public spaces. The second is whether the AEPB’s actions, which refer to women as “articles” or “goods for purchase,” violate their constitutional rights by dehumanizing and criminalizing them solely for their suspected involvement in sex work.
Justice James Omotosho, who is presiding over the case, heard arguments from both sides in the latest proceedings. The plaintiffs have urged the court to rule that the AEPB’s activities are discriminatory and contrary to the rights of individuals, particularly vulnerable women.
Background: The Controversy of Wike’s Crackdown
Since Nyesom Wike became Minister of the FCT, his administration has implemented a series of aggressive policies aimed at “cleaning up” the streets of Abuja. One of the most controversial aspects of this initiative has been the AEPB’s crackdown on commercial sex workers.
The AEPB, which enforces environmental laws in the FCT, has come under fire for its use of security agencies, including the police, to arrest women who are suspected of engaging in sex work on the streets of Abuja. These women, often arrested without clear evidence of criminal activity, are brought before the FCT Mobile Court, where they are charged with “selling goods or articles” in public spaces.
Ayomide Joshua, a Project Assistant at R.A. Mom and Associates, testified in the case that the organization has provided pro bono legal assistance to over 200 women who have been arrested by the AEPB in similar circumstances.
“Many of these women are arrested without any goods for sale, and they are often left without any opportunity to contact family or legal representatives,” said Joshua. “This arbitrary treatment is not only unjust but also violates their rights as enshrined in the Constitution.”
The plaintiffs argue that the AEPB’s actions are based on a broad misinterpretation of Section 35(1)(d) of the AEPB Act, which criminalizes the sale of goods in unauthorized areas. According to the plaintiffs, this provision was never intended to apply to sex work and is being exploited to justify the systematic targeting of women engaged in prostitution.
“We are asking the court to declare that the AEPB has no legal right to target these women, arrest them, or refer to their bodies as articles for sale,” said Bamidele Jacobs, one of the plaintiffs’ lawyers.
The Response: Wike’s Government Denies Misconduct
In their defense, the respondents—Wike, the AEPB, the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF)—have denied the plaintiffs’ allegations. According to a counter-affidavit filed by the respondents’ legal team, led by Betty Umegbulem, the arrest of suspected sex workers is lawful under the provisions of the AEPB Act.
The respondents argue that the actions of the AEPB are within the scope of its mandate to maintain order in public spaces and that the police are authorized by law to arrest individuals suspected of engaging in criminal activities.
“Sex work is not a legally recognized profession in Nigeria, and the AEPB is well within its rights to ensure that public spaces in Abuja remain free from activities that are deemed illegal,” said Ahmed Gidado, a legal assistant who deposed the counter-affidavit.
Gidado further argued that the plaintiffs have failed to provide concrete evidence that any of the women arrested were wrongfully targeted, and he contested the authenticity of some of the evidence presented by the plaintiffs, particularly regarding past legal cases involving AEPB actions.
International Attention and Legal Implications
The case has attracted considerable attention from both local and international organizations, including the United Nations, Amnesty International, and the Open Society Foundations, who have raised concerns about the treatment of sex workers in Nigeria.
In a statement, Amnesty International called on the Nigerian government to decriminalize sex work and halt the harassment of sex workers, emphasizing that such practices violate international human rights standards.
“The systematic targeting and criminalization of sex workers is a gross violation of human rights,” said Amnesty’s West Africa director. “We stand in solidarity with those fighting for their dignity and rights in Nigeria.”
The outcome of the case will have far-reaching implications not only for sex workers in Abuja but also for the broader conversation on human rights and the criminalization of sex work in Nigeria.
