Justice James Omotosho of the Federal High Court in Abuja on Tuesday, adjourned a suit filed by some vulnerable FCT residents, including scavengers, beggars, petty traders, among others, against the Minister, Nyesom Wike, until May 5 for hearing.
The aggrieved residents sued the minister, the Inspector-General (I-G) of Police, Kayode Egbetokun, among others, demanding N500 million in damages over alleged breach of their fundamental rights.
The court adjourned the suit after counsel for the plaintiff, Usman Chamo, told the court that the Nigeria Security and Civil Defence Corps (NSCDC) had just served him with its counter affidavit, and that he would need more time to file a response to the application.
The lawyers, who appeared for the defence, did not oppose the application and the matter was adjourned until May 5 for hearing.
The NSCDC (civil defence), in its counter affidavit deposed to by Goodness Akomolafe, denied all the allegations.
In the application dated and filed April 15, the civil defence said it had not violated the applicant’s fundamental human rights in any way.
A legal practitioner, Abba Hikima, filed the suit marked: FHC/ABJ/CS/1749/3024 before Justice Omotosho on behalf of the vulnerable residents.
Hikima, listed as the applicant in the originating motion dated Nov. 19, 2024, but filed Nov. 20, 2024, said he is suing in public interest for the protection of vulnerable citizens in Nigeria.
The applicant sued Wike; I-G; Director-General, Department of State Services (DSS) and NSCDC as 1st to 4th respondents in his bid to stop their alleged arbitrary arrest on Abuja streets.
The lawyer also joined the Attorney-General of the Federation (AGF) and Federal Government of Nigeria as 5th to 6th respondents respectively.
He is praying for 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 averred that on Nov. 12, 2024, at about 11pm, 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 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.
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.
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 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.
