A group of vulnerable residents in the Federal Capital Territory (FCT), including scavengers, beggars, and petty traders, have taken legal action against Nyesom Wike, FCT Minister demanding N500 million in compensation for the alleged infringement of their fundamental rights.
Abba Hikima, a Legal practitioner has filed a suit, marked FHC/ABJ/CS/1749/2024, before Justice James Omotosho of the Federal High Court in Abuja on behalf of vulnerable residents in the Federal Capital Territory (FCT).
In the originating motion dated November 19, 2024, and filed on November 20, 2024, Hikima, acting in the public interest, seeks to protect the rights of marginalized citizens across Nigeria.
The suit names FCT Minister Nyesom Wike, the Inspector-General of Police, the Director-General of the Department of State Services (DSS), and the Nigeria Security and Civil Defence Corps (NSCDC) as the 1st to 4th respondents.
The Attorney-General of the Federation (AGF) and the Federal Government of Nigeria were also joined as the 5th and 6th respondents in the suit.
The applicant is seeking an order of the court awarding N500 million in general and exemplary damages for the alleged violation of the fundamental rights of the affected citizens.
He urged 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 residing in the FCT constitute a violation of their fundamental rights as guaranteed under Sections 34, 35, 41, and 42 of the 1999 Constitution of Nigeria (as amended).”
The applicant further prayed for a declaration that the treatment of vulnerable citizens, including verbal harassment, physical threats, extortion, and detention without charges, amounts to inhumane and degrading treatment, contrary to Section 34 of the 1999 Constitution (as amended).
Hikima is seeking a declaration that all Nigerians, regardless of their economic status, birthplace, or appearance, have the right to move freely within the FCT, including the liberty to sleep on public roads without restriction, as guaranteed under Sections 35, 41, and 42 of the Constitution.
He also requests the court to order the respondents to publicly apologize to the affected individuals and all Nigerians for the unconstitutional and inhumane treatment allegedly carried out under the directive of the FCT Minister, Nyesom Wike, on October 22, 2024. Additionally, he seeks an order compelling the respondents to implement immediate policies and reforms, including public education, to protect the fundamental rights of vulnerable Nigerians.
In his affidavit, Hikima detailed an incident on November 12, 2024, when he witnessed a joint task force of security operatives and enforcement officers, including police and military personnel, arresting homeless persons, scavengers, beggars, and petty traders along Ahmadu Bello Way in Abuja. The arrested individuals included hawkers and those conducting lawful roadside businesses, who were allegedly verbally harassed, physically threatened, and forcefully apprehended in full view of the public.
Hikima, feeling compelled as a human rights lawyer, followed the task force’s convoy to Eagle Square, where the victims were taken. He later contacted and interviewed three of the victims—Abdullatif Shehu, Hajiya Talatu Danladi, and Judith Samuel—who corroborated the events. He emphasized that being homeless, begging, or engaging in petty trading is not a crime in Nigeria and called the actions of the task force unconstitutional and unjust.
Hikima contended that the homelessness, begging, and petty trading that resulted in the arrests, detention, and humiliation of Abdullatif Shehu, Hajiya Talatu Danladi, and Judith Samuel were a direct outcome of harsh and oppressive government policies that disproportionately affected vulnerable Nigerians. He attributed their plight to the government’s failure to provide adequate security and a decent standard of living for the underprivileged, emphasizing that these systemic issues have pushed many into poverty and insecurity.
The lawyer urged the court to grant the reliefs sought in the suit, stressing that doing so would uphold the fundamental rights of citizens, ensure justice for the affected individuals, and hold the respondents accountable for their actions.
During the proceedings, Usman Chamo, counsel for the applicant, informed the court that the case was scheduled for hearing and confirmed that all respondents had been duly served. A.P. Korobo-Tamono, representing the Department of State Services (DSS), acknowledged filing and serving a counter-affidavit on the applicant’s counsel.
However, no legal representatives appeared in court on behalf of the FCT Minister, the Inspector-General of Police, the Nigeria Security and Civil Defence Corps (NSCDC), the Attorney-General of the Federation (AGF), or the Federal Government of Nigeria.
Justice James Omotosho directed that hearing notices be issued and served to the absent respondents and adjourned the matter to February 4 for further hearing.
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