Some vulnerable residents including scavengers, beggars, petty traders, among others, have filed a suit against the FCT Minister, Nyesom Wike, demanding N500 million in damages for alleged breach of their fundamental rights.
A legal practitioner, Abba Hikima, filed the suit marked: FHC/ABJ/CS/1749/3024 before the Federal High Court in Abuja on behalf of the vulnerable residents.
Hikima, listed as the applicant in the originating motion dated November 19, 2024, but filed November 20, 2024, said he is suing in public interest for the protection of vulnerable citizens in Nigeria.
The applicant sued Wike, the Inspector-General of Police (IGP), the Director-General of the Department of State Services (DSS), and Nigeria Security and Civil Defence Corps (NSCDC) as first to fourth respondents.
The lawyer also joined the Attorney-General of the Federation (AGF) and the 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, Hikima said, “are guaranteed under Sections 34, 35, 41 and 42 of the Constitution of Nigeria 1999 (as altered).”
The lawyer added: “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 November 12, 2024, at about 11 p.m., while passing through Ahmadu Bello Way in Abuja, 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 included 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.
“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,” he stated.
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.
Hikima 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 November 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 October 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.
The lawyer, therefore, 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.
When the matter was called, Usman Chamo, who appeared for the applicant, told the court that the matter was fixed for hearing.
Chamo said all the respondents had been duly served.
A.P. Korobo-Tamono, who appeared for DSS, equally informed the court that a counter affidavit was filed and served on the applicant counsel.
However, no lawyer appeared for the minister, IPG, NSCDC, AGF, and the FGN.
The presiding judge, Justice James 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.
