A Federal High Court in Abuja has dismissed a N500 million lawsuit filed by some vulnerable residents of the Federal Capital Territory (FCT), including beggars, scavengers, and petty traders, accusing FCT Minister Nyesom Wike and others of violating their rights.
Justice James Omotosho, who presided over the case, ruled that the application filed by their lawyer, Abba Hikima, lacked merit and was based on unsubstantiated claims.
According to the judge, the applicants failed to provide credible proof that their rights had been breached. He noted that the only materials presented were uncertified newspaper reports, which hold no legal value.
“In relying on newspaper reports, a party cannot just print or buy a newspaper from a vendor and bring it to court without being certified by the National Library,” he said.
“This court will not waste its time relying on newspaper reports to prove the truth of the contents therein. It is hearsay evidence and no probative value will be ascribed to it.”
Justice Omotosho stressed that allowing court cases based on such reports would flood the judiciary with baseless suits.
He also pointed out that the applicants did not name any specific officers or agencies responsible for the alleged abuse.
“The burden to prove the breach of fundamental rights lies on the applicant,” he said.
“The suit is filled with bare assertions without proof. The facts stated are speculative, without any foundation or evidence. A court of law does not act on speculation but on solid evidence.”
He added that the court would not “waste its precious judicial time speculating on what happened on Nov. 12, 2024 or which persons were arrested or detained if any.”
In response to the core argument, Justice Omotosho asked whether, if arrests did occur, they could be considered violations of rights. He cited the FCT Minister’s statement that those arrested were operating illegally in the city trading in unauthorised spots, defecating in public, and in some cases, vandalising property or acting as informants to criminal groups.
He said Wike’s argument rested on alleged violations of the Abuja Environmental Protection Act. These claims, the judge ruled, were valid legal grounds to justify the actions taken by the authorities.
He went further to explain that fundamental rights, though guaranteed, are not absolute. They may be restricted under reasonable grounds like public safety or suspicion of criminal activity.
Reacting to Hikima’s assertion that begging should be allowed, the judge disagreed.
“There is no fundamental right to beg and no law outrightly supports public begging or begging as a venture,” he said.
Citing religious texts, he referenced the Hadith from Sahih al-Bukhari where Prophet Muhammad advised against begging. He also mentioned the Bible’s encouragement of diligence, quoting Proverbs 10:4.
The judge described begging as a result of laziness and noted that people with disabilities still have opportunities to learn skills and earn a living. He added that some vulnerable people were offered skill acquisition support by the FCT authorities but turned it down.
He insisted that leaving streets open to homeless persons, scavengers, and unregulated petty traders would undermine the FCT’s status and create health and security concerns.
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“Removing them from the Abuja streets cannot be deemed a violation of their fundamental rights in any form of guise,” he ruled.
“The reliefs sought by the applicant, if granted, are capable of turning the FCT into a haven of all sorts of unwanted and unwholesome activities.”
Justice Omotosho also questioned the demand for damages.
“The applicant is a legal practitioner and brought the action in his name and on behalf of vulnerable citizens of Nigeria. This court then wonders how the relief for damages, if the same was granted, was to be shared among the said vulnerable citizens,” he said, noting that no names or details of the said persons were provided.
He concluded that the suit had no legal merit and dismissed it entirely.
The case, marked FHC/ABJ/CS/1749/2024, was filed by Hikima on Nov. 20, 2024. He had asked for a declaration that the arrests and alleged harassment of the vulnerable groups in FCT amounted to a breach of their rights under sections 34, 35, 41, and 42 of the 1999 Constitution.
Joined as respondents in the suit were 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.
All respondents urged the court to throw out the case and it did.