Abuja High Court Dismisses Suit Against Arrest of Individuals Engaged in Illegal Occupation

The Federal High Court in Abuja has dismissed a suit seeking to stop the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting individuals engaged in unauthorized street activities in the capital city.

Justice James Omotosho ruled that the suit, filed by the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women, and the Indigent, was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

He further held that even if it were competent, the reliefs sought were not grantable and dismissed the case for lack of merit.

The group had sued the AEPB, the FCT Minister, the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF), arguing that the AEPB’s arrests and prosecution of certain individuals were discriminatory.

They claimed that the AEPB’s classification of these individuals as “articles” violated Section 42 of the 1999 Constitution.

However, in a counter-affidavit, the respondents, represented by their legal team, argued that the activities in question are illegal under the Penal Code Act applicable in Abuja.

They contended that the applicants had not provided evidence of any specific violations of fundamental rights.

Justice Omotosho ruled that while NGOs can advocate for rights, the activities in question are not constitutionally protected in Nigeria.

He cited Section 405 of the Penal Code, which classifies such acts as unlawful, making their arrest legal. The judge emphasized that fundamental rights are not absolute and can be restricted in cases of public morality, safety, and order under Section 45 of the Constitution.

He further criticized the NGO for advocating for the cause rather than focusing on broader empowerment efforts, calling the suit “ridiculous.” He concluded that legalizing such activities would erode moral values and dismissed the case entirely. [CONTINUE READING HERE]>>>>>>