Scavengers, beggars, petty traders, among others, have sued The Federal Capital Territory Minister, Nyesom Wike, Attorney-General of the Federation (AGF) and Federal Government, Inspector-General (I-G) of Police; Director-General, Department of State Services (DSS) and Nigeria Security and Civil Defence Corps (NSCDC).
A legal practitioner, Abba Hikima, who filed the suit marked: FHC/ABJ/CS/1749/3024 before Justice James Omotosho of a Federal High Court in Abuja, is demanding N500 million in damages over alleged breach of their fundamental rights.
Hikima who said he was suing in public interest for the protection of vulnerable citizens in Nigeria, said his clients want 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 enshrined in Sections 34, 35, 41 and 42 of the Constitution of Nigeria 1999 (as altered).”
They also want “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); and “ 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.”
They are also therefore asking the respondents to issue a public apology to them 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 October 22nd, 2024.
Hikima said his clients seek “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.”
When the matter was called, Usman Chamo, who appeared for the applicant, told the court that the matter was fixed for hearing, adding that all the respondents had been duly served.
DSS counsel, A.P. Korobo-Tamono, told the court that a counter affidavit was filed and served on the applicant counsel.
No lawyer represented Wike, IG, NSCDC, AGF and the FGN.
Justice Omotosho, who ordered that hearing notice be issued and served on the respondents who were not represented in court, adjourned the matter until February 4 for hearing.
According to Hikima, in the affidavit he deposed to, 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 said those arrested include hawkers of 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.
“In my presence, these 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,” the lawyer said, adding that he felt devastated as a human rights lawyer, and decided to trail the task force’s motorcade from a reasonable distance to the 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 Nov. 15, 2024, he organised a meeting with three of the victims namely, Abdullatif Shehu, Hajiya Talatu Danladi and Judith Samuel, whose testimonies were recorded and verily believed to be correct and true.
The lawyer said the minister gave a directive for the arrest on Oct. 22, 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 was occasioned by the harsh and unbearable government policies being experienced all over the country.
Hikima also attributes 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.
