The Federal High Court in Abuja, on Tuesday, adjourned a suit filed on behalf of some vulnerable residents of the Federal Capital Territory (FCT), Abuja, including scavengers, beggars, petty traders, against the FCT Minister, Nyesom Wike, until 5 May for hearing.
A lawyer, Abba Hikima, who instituted the case on behalf of the vulnerable residents, sued the minister, along with Inspector-General of Police, Kayode Egbetokun, among others, demanding N500 million in damages over alleged breach of their fundamental rights.
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The judge, James Omotosho, adjourned the suit after the plaintiffs’ lawyer, Usman Chamo, informed the court that the Nigeria Security and Civil Defence Corps (NSCDC) had just served him with its counter-affidavit.
Mr Chamo said he would need more time to file a response to the application.
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The lawyers, who appeared for the defence, did not oppose the application and the matter was adjourned until 5 May for hearing.
The News Agency of Nigeria (NAN) reports that a lawyer, Mr Hikima, filed the suit marked: FHC/ABJ/CS/1749/3024 before Mr Omotosho on behalf of the vulnerable residents.
Mr Hikima, who is the plaintiff in the suit filed 20 November 2024, said he instituted the legal action in public interest for the protection of vulnerable citizens in Nigeria.
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The applicant sued FCT Minister, Mr Wike; the Inspector-General of Police, the Director-General of the State Security Service (SSS), the NSCDC, the Attorney-General of the Federation (AGF) and the Federal Government of Nigeria to stop their alleged arbitrary arrest of the vulnerable resident on Abuja streets.
He prayed for an award of N500 million as general and exemplary damages for the violation of the fundamental rights of the affected citizens.
He prayed the court to declare that “the arbitrary arrest, detention without charges, harassment and extortion of homeless persons, scavengers, petty traders, beggars and other vulnerable Nigerians resident in the FCT, constitute a violation of their fundamental rights.
The rights, they said, are guaranteed under Sections 34, 35, 41 and 42 of the Nigerian constitution.
“A declaration that the treatment of vulnerable citizens, including verbal harassment, physical threats, extortion, and detention without charge, constitutes inhumane and degrading treatment contrary to Section 34 of the 1999 Constitution (as amended).
“A declaration that Nigerians regardless of their economic status, place, birth or appearance, have the liberty to move freely in the FCT, Abuja including the liberty to sleep on public roads without let, permission or hindrance whatsoever in accordance with the spirit and purpose of Sections 35, 41 and 42 of the Constitution.”
He sought “an order directing the respondents to issue a public apology to the affected individuals and Nigerian citizens at large for the inhumane, arbitrary and unconstitutional treatment meted on them pursuant to the directive of the 1st respondent (Wike) dated the 22nd October, 2024.
“An order mandating the respondents to set in motion and implement immediate policies and reforms, including public education for the realisation of the fundamental human rights of vulnerable Nigerians residing in Nigeria.”
Mr Hikima averred that on 12 November 2024, at about 11 p.m., on the Ahmadu Bello Way in Abuja, he sighted a motorcade of a joint task force security operatives and enforcement officers, including personnel of the military and police, arresting numerous individuals perceived as homeless persons, scavengers and beggars.
He alleged that those arrested include ice cream, sweet and biscuit hawkers; petty traders conducting lawful businesses along the roadside and persons dressed in ways reflecting their economic hardship or appearing homeless.
According to him, the individuals were forcefully apprehended, verbally harassed and subjected to physical threats in full view of all passersby, thereby creating an atmosphere of fear and intimidation.
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He said he felt devastated as a human rights lawyer, and decided to trail the task force’s motorcade from a reasonable distance to Eagle Square along Shehu Shagari Way where they dropped off the victims.
He said he went back to the place where these persons were arrested and was able to get contacts of some of the victims.
He said on 15 November 2024, he organised a meeting with three of the victims namely, Abdullatif Shehu, Hajiya Talatu Danladi and Judith Samuel.
The lawyer said the minister gave a directive for the arrest on 22 October 2024, and that it was in the guise of enforcing the directive that the joint task force was constituted to carry out the directive.
According to him, it is not a crime to be homeless, beg or embark on a petty trade in Nigeria.
He said the homelessness, begging and petty trading for which the trio of Abdullatif, Talatu and Judith were arrested, detained and humiliated were caused by the harsh and unbearable government policies being experienced all over the country.
Mr Hikima also attributed their plights to the government’s failure and ineptitude in providing vulnerable Nigerians with security and decent lives.
The lawyer urged the court to grant their reliefs in the interest of justice to protect the fundamental rights of citizens and ensure accountability for the respondents’ actions.
The NSCDC, in its counter-affidavit sworn to by Goodness Akomolafe, denied all the allegations.
In the application dated and filed 15 April, the agency said it had not violated the applicant’s fundamental human rights in any way.
(NAN)
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