A Federal High Court in Abuja, presided over by Justice James Omotosho, has dismissed a ₦500 million fundamental rights suit brought by vulnerable residents of the Federal Capital Territory comprising scavengers, beggars, and petty traders against the Minister of the FCT, Nyesom Wike, and other state authorities.
The suit, filed by lawyer Abba Hikima, alleged violations of the plaintiffs’ rights during arrests. However, Justice Omotosho determined the case lacked merit and credible evidence.
“There was no credible evidence in the court record to proof that the rights of the vulnerable people were breached by the defendants,” the judge stated.
He criticized the plaintiffs’ reliance on uncertified newspaper reports.
“In relying on newspaper reports, a party cannot just print or buy a newspaper from vendor and bring it to court without being certified by National Library,” he said, noting that such reports hold no legal weight.
“It is hearsay evidence and no probative value will be ascribed to it.”
The judge warned against allowing media reports to form the basis of legal actions.
“This court will not waste its time relying on newspaper reports to prove the truth of the contents therein.… Thus the suit of the applicant is bound to fail.”
Justice Omotosho also criticized the lack of identification of responsible officials.
“The plaintiff could not name a single officer or agent of the defendants who violated the rights… The burden to prove the breach of fundamental rights lies on the applicant,” he explained.
Noting the absence of affidavits or credible documentation, he commented:
“The suit of the applicant is filled with bare assertions without any proof whatsoever… The law is trite that a court of law does not act on speculation but on solid evidence.”
He stated that even if arrests occurred, they did not necessarily amount to rights violations, given the individuals’ alleged involvement in illegal activities.
“The 1st respondent (Wike)… stated that the said vulnerable persons are beggars, scavengers and traders who display goods for sale in unauthorised places, defecate in public places, constitute security threat… vandalising public property and even serve as spies to kidnappers and terrorist organisations.”
Highlighting the Abuja Environmental Protection Act and public safety laws, Justice Omotosho held that fundamental rights are not absolute.
“It is clear from the above authorities that suspicion of committing an offence is a legal ground to breach the right of a person,” he said.
On the question of begging, he cited religious texts to reinforce his point that idleness is discouraged.
“There is no fundamental right to beg… The Holy Prophet Muhammed… said: ‘It is better for one of you to take a rope and bring a bundle of wood… rather than asking the people who may give him or not.’” He also referenced Proverbs 10:4, encouraging hard work over indolence.
Further, he noted that rehabilitation programs were available but not utilized.
“…skill acquisition centres… were established in Bwari… but they refused to go there.”
He concluded that allowing unregulated begging and scavenging across the capital would reflect a dereliction of duty and worsen urban decay.
“Allowing homeless persons… to roam around the city without check would… turn the capital city to an eyesore.… This court will not allow… Chapter 4 of the Constitution to be a legal ground to encourage such acts.”
On the proposed ₦500 million in damages, Justice Omotosho expressed concern over its distribution.
“…this court then wonders how the relief for damages… was to be shared among the said vulnerable citizens… It seems… these monies… would have ended up in the private pockets…”
Ultimately, he found no basis to support the claims or relief requested.
“Consequently, the application is hereby dismissed for lack of merit.”
The suit, filed November 20, 2024 (FHC/ABJ/CS/1749/2024), included respondents such as the Inspector-General of Police, DSS, NSCDC, AGF, and the Federal Government.
It claimed the arrests and evictions violated the plaintiffs’ constitutional rights under Sections 34, 35, 41, and 42.
