Several vulnerable residents of the Federal Capital Territory (FCT), including scavengers, beggars, and petty traders, have filed a lawsuit against the Minister of the Federal Capital Territory, Nyesom Wike, demanding N500 million in damages for the alleged violation of their fundamental rights.
The legal action was initiated by barrister Abba Hikima, who filed the suit, marked FHC/ABJ/CS/1749/3024, before Justice James Omotosho of the Federal High Court in Abuja on November 20, 2024.
Hikima, representing the vulnerable residents, claims that the lawsuit was filed in the public interest to safeguard the rights of vulnerable citizens in Nigeria.
- How Nduka Obaigbena Diverted $230m Loan to Fund Emefiele’s Failed Presidential Bid, Private Jet, others – Otedola
- Sanwo-Olu Denies Role in Obasa’s Impeachment, Calls It a Legislative Matter
In the suit, Hikima has named Wike, the Inspector-General of Police, the Director-General of the Department of State Services (DSS), and the Nigeria Security and Civil Defence Corps (NSCDC) as the first to fourth respondents. The Attorney-General of the Federation (AGF) and the Federal Government of Nigeria have also been included as the fifth and sixth respondents.
Hikima seeks an order granting N500 million as general and exemplary damages for the violation of the affected citizens’ rights, which he argues were breached by the arbitrary arrests, unlawful detentions, harassment, and extortion of homeless individuals, scavengers, petty traders, beggars, and other vulnerable Nigerians residing in the FCT.
The applicants claim that such actions violate their fundamental rights as guaranteed under Sections 34, 35, 41, and 42 of the 1999 Constitution of Nigeria (as amended). They further seek declarations that the mistreatment, including verbal harassment, physical threats, extortion, and detention without charge, amounts to inhumane and degrading treatment in violation of Section 34 of the Constitution.
Additionally, the applicants request a declaration affirming that Nigerians, regardless of their economic status or appearance, have the right to freely move within the FCT, including the freedom to sleep on public roads without hindrance, as protected under Sections 35, 41, and 42 of the Constitution.
The plaintiffs are also requesting the court to order the respondents to issue a public apology to the affected individuals and Nigerian citizens at large, acknowledging the unconstitutional treatment meted out pursuant to Wike’s directive on October 22, 2024. They seek further orders mandating the respondents to implement immediate policies and reforms to safeguard the fundamental human rights of vulnerable Nigerians.
In the affidavit supporting the suit, Hikima alleges that on November 12, 2024, while passing through Ahmadu Bello Way in Abuja, he witnessed a joint task force of security operatives, including military and police personnel, arresting several individuals who were perceived as homeless, scavengers, or beggars. He claims these individuals, including hawkers of ice cream, sweets, and biscuits, as well as petty traders conducting lawful businesses, were subjected to physical threats and verbal abuse in public.
Hikima describes the atmosphere of intimidation and fear created by these actions, which led him to follow the task force’s convoy to Eagle Square, where the detained individuals were dropped off. After gathering contact information from some of the victims, Hikima organised a meeting on November 15, 2024, with three of the individuals, whose testimonies were recorded and are believed to be true.
The lawyer asserts that Wike’s directive on October 22, 2024, was the catalyst for the arrests, and he argues that homelessness, begging, and petty trading are not crimes under Nigerian law. Hikima contends that the vulnerable citizens’ plight is a consequence of government failure to provide security and decent living conditions for its citizens.
The lawyer has urged the court to grant the applicants’ reliefs in the interest of justice and to hold the respondents accountable for their actions.
At the hearing, Usman Chamo, who represented the applicant, informed the court that all respondents had been duly served. A.P. Korobo-Tamono, representing the DSS, also confirmed that a counter affidavit had been filed and served on the applicant’s counsel. However, no representation was made for the Minister, the Inspector-General of Police, the NSCDC, the Attorney-General of the Federation, or the Federal Government.
Justice Omotosho directed that hearing notices be issued and served on the absent respondents and adjourned the matter until February 4, 2025, for further hearing.
