An Abuja Federal High Court has rejected a lawsuit aimed at granting commercial sex workers the right to operate freely without harassment from law enforcement agencies.
Justice James Kolawole Omotosho, who presided over the case, ruled that prostitution is not recognized as a lawful profession under Nigerian law, emphasizing that those involved could face legal consequences.
The Legal Battle and Arguments
The case was brought forward by the Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent, a Non-Governmental Organization (NGO).
The group sued the Abuja Environmental Protection Board (AEPB), the FCT Minister, the Federal Capital Territory Administration (FCTA), and the Attorney-General of the Federation (AGF), arguing that the arrest and prosecution of sex workers violated their fundamental human rights.
The plaintiffs sought a court order to prevent security agencies from intimidating, harassing, and arresting sex workers in Abuja.
They also argued that the AEPB Act of 1997 does not classify women as commodities or articles for purchase.
Court’s Verdict, Prostitution Remains Illegal
Delivering his judgment, Justice Omotosho ruled that the suit lacked merit and dismissed it outright. He stated that under the Penal Code, prostitution remains an offense punishable by up to two years in prison.
He further emphasized that while fundamental human rights are protected, they are not absolute, especially when public morality and safety are at stake.
He cited legal provisions that allow for the restriction of rights in certain circumstances, such as preventing crime and maintaining public order.
“Prostitution is Against African Culture”
The judge also highlighted cultural perspectives, stating that prostitution is alien to African values and traditions.
He referenced the African Charter on Human and People’s Rights, which emphasizes the importance of cultural norms in defining human rights.
“It is indeed shameful that the applicant would bring such a case instead of focusing on empowering young women and protecting their dignity,” he stated.
Justice Omotosho warned that legalizing prostitution could erode societal values, turn Abuja into a hub of immorality, and expose the public to increased risks of sexually transmitted diseases.
Conclusion, Prostitution Remains a Crime in Nigeria
With this ruling, commercial sex work remains illegal in Nigeria’s capital city and beyond. Law enforcement agencies retain the authority to arrest and prosecute individuals found engaging in the act.
This judgment reinforces Nigeria’s stance on public morality and cultural values, sending a clear message that prostitution is not a legally recognized right in the country.
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