Some aggrieved scavengers and vulnerable residents of the Federal Capital Territory (FCT), Abuja, have slammed a N500m suit against the Minister of the FCT, Nyesom Wike as damages over the alleged breach of their fundamental rights.
In an originating summons marked: FHC/ABJ/CS/1749/2024, pending before Justice James Omotosho of the Abuja division of the Federal High Court, Abba Hilima who commenced the action on behalf of the vulnerable residents, listed the FCT minister (Wike), the Inspector-General of Police (IGP); Director-General, Department of State Services (DSS) and Nigeria Security and Civil Defence Corps (NSCDC) as 1st to 4th respondents.
Also joined in the fundamental rights enforcement suit are the Attorney-General of the Federation (AGF) and the Federal Government of Nigeria as fifth to sixth respondents respectively.
The commencement processes were dated November 19, 2024, but filed November 20, 2024.
The legal practitioner who said he is suing in the public interest for the protection of vulnerable citizens in Nigeria, is seeking an order awarding the sum 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 Constitution of Nigeria 1999 (as altered).”
“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 is, therefore, seeking “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.”
Hikima, in the affidavit he deposed to, averred that on Nov. 12, 2024, at about 11pm, while passing through Ahmadu Bello Way in Abuja, he personally sighted a convoy 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 hawkers of goods such as ice cream, sweets and biscuits; petty traders conducting lawful businesses along the roadside and persons dressed in ways reflecting their economic hardship or appearing homeless.
However, when the case came up for hearing, counsel to the applicants, Usman Chamo, informed the court that the matter was fixed for hearing and that all the respondents have been duly served.
But A.P. Korobo-Tamono, who appeared for DSS, equally informed the court that a counter affidavit was filed and served on the applicant’s counsel.
However, no lawyer appeared for the minister, IG, NSCDC, AGF and the FGN.
Justice Omotosho, who ordered that a hearing notice be issued and served on the respondents who were not represented in court, adjourned the matter until 4 February for hearing.
