Justice James Omotosho of the Federal High Court in Abuja has dismissed a lawsuit filed by commercial sex workers seeking protection from harassment and arrest by security agencies in the Federal Capital Territory (FCT).
In his ruling on Wednesday, Justice Omotosho declared that prostitution is not recognized as a legal right under Nigerian law or the Constitution. He emphasized that sex workers are liable to arrest and could face up to two years in jail under the Penal Code.
The lawsuit, filed on May 14, 2024, sought to prevent FCT Minister Nyesom Wike and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting sex workers. The plaintiffs argued that prostitution was a fundamental human right.
However, the judge dismissed the case as legally flawed and without merit, stating that the law prioritizes public morality and the protection of women from exploitation. He further noted that while prostitution may be legal in some Western nations, it contradicts African cultural values and the African Charter on Human and Peoples’ Rights.
Justice Omotosho ruled that the AEPB has the authority to arrest and prosecute sex workers in Abuja, upholding the government’s stance on the matter.