Some citizens who are resident in Abuja have dragged the Minister of the FCT among others, to court for allegedly violating their rights to personal liberty and freedom of movement, dignity of their person, freedom of association and freedom from discrimination.
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In the matters instituted via Originating Motions brought before the Federal High Court of Nigeria, pursuant to among others, Order II Rules 1, 2, 3, 4 & 5; XI and XII OF The Fundamental Rights (Enforcement Procedure) Rules, 2009 and Sections 34, 35, 36, 37,40, 41, 42 and 46 (1) & (2) of the Constitution of the Federal Republic Of Nigeria, 1999 (as amended); Articles 2, 3, 4, 5, 6, 7, 10(1), 11, 12 (1) and 18 (3) of the African Charter on Human And People’s Rights (Ratification And Enforcement) Act CAP A9, Laws of the Federation of Nigeria, 2004; and under the inherent jurisdiction of this Honourable Court, the applicants are seeking for the enforcement of the said rights stated above.
Some of the actions were brought against the Federal Capital Territory Administration, The Federal Capital Development Authority, Hajiya Safiya Umar, Acting Secretary Social, Development Secretariat Of The FCT, Abuja Metropolitan Management Council, Abuja Environmental Protection Board, Hassan Abubakar H.O.D Abuja Environmental Protection Board, Eze Enya Eze Prosecutor For Abuja Environmental Protection Board, Nigerian Security And Civil Defence Corp, The Inspector General Of Police, The Inspector Thomas Nzemeke Aka ‘Yellow’, The Attorney-General Of The Federation, And Idayat Akanni Olaide (Chief Magistrate 1).
According to one of the Applicants, Blessing Nnaji, On Friday 26th April 2019, at about 9:30pm, she was at Nadrem Cloud 9 Club in Gwarimpa when some strange and hefty looking men in blue polo and reflective jacket, walked into the club and ordered all the females in the club to get up and follow them outside; that the other women and her in the club asked the men their reasons for such an instruction but were told that when they get outside, they will know.
According to her, the men came in large numbers and were about hundred, which made it impossible for the men in the club with them to defend them. On getting outside, they were confronted by cameramen everywhere as the cameramen were many and were videoing them from different angles. She narrated that the people pushed them into their vehicles and moved them around, from one club to another within Abuja, picking up different women along the way, and that after moving around for over one hour, they were taken to the Abuja Municipal Management Council (AMMC) office in Zone 6, Wuse, Abuja where members of the task force and crew of ITV News continued to video them. Surprisingly, at the AMMC office, the strange and hefty looking men pulled off their blue polo and reflective jackets and were paid off in their presence; that after the men left they were driven to the Utako Police station where they kept all of them in a cell, about seventy-one (71) of them.
She narrated among other things that they were assaulted and insulted and also asked to plead guilty to a crime which they did not commit. That they were charged for offering their bodies as article of trade by soliciting for men for commercial purposes at the road junctions which is contrary to section 35 (1)(d) of the AEPB Act of 1999. She argued that she did not commit the offence and therefore seeking for the following reliefs to wit:
A DECLARATION that the arrest of the Applicant by agents of the Respondents on 26th April 2019 at Nadrem Cloud 9 club, Abuja and the detention of said Applicant by the agents of the Respondents from 26th to 29th April 2019 without lawful cause and without an order of Court is unconstitutional, unlawful, illegal and constitutes a violation of her rights to personal liberty and freedom of movement and is ultra vires the powers of the Respondents; A DECLARATION that the arrest, beating, harassment, molestation and detention of the Applicant in very undignifying conditions and environment by agents of the Respondents from 26th to 29th April 2019 is unconstitutional, unlawful, illegal, and constitutes a violation of her right to the dignity of human person; A DECLARATION that the arrest and detention of the Applicant from 26th to 29th April 2019 by agents of the Respondents without informing her of the offence for which she was arrested and without giving her the opportunity to seek legal representation in preparation for her defence is unconstitutional, unlawful, illegal and constitute a violation of her right to fair hearing; A DECLARATION that the arrest of the Applicant by agents of the Respondents on 26th April 2019 and her detention from that day to 29th April 2019 on the basis of her sex is unconstitutional, unlawful, illegal and constitute a violation of her freedom from discrimination; A DECLARATION that the arraignment of the Applicant by the agents of the Respondents on 29th April 2019 without giving her the opportunity to seek legal representation in her defense is unconstitutional, unlawful, illegal, null, void and constitutes a violation of her right to fair hearing; AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their servants, agents and privies from carrying out any further raids and arbitrary arrests and detention of women in Abuja save with a valid order of court; AN ORDER OF MANDAMUS directing the 10th and 12th Respondents to investigate and prosecute all persons directly and remotely responsible for the torture and violation of the rights of the Applicant; AN ORDER OF CERTIORARI quashing the proceedings and the resultant conviction of the Applicant by the mobile session of the District Court of FCT presided over by the 13th Respondent, on the 29th April 2019 and DAMAGES in the sum of N100,000,000.00 (One Hundred Million Naira) only to the Applicant for the violation of her fundamental human rights and setback, embarrassment, trauma and emotional distress caused to her.
Others who sought to enforce their rights are Blessing Sam, Joy Frank, Joy Moses, Mirabel Ojimba, and Alice Jonah. According to Alice Jonah, on the 15th of February 2019, she went to H-Medix supermarket at 3rd Avenue, Gwarinpa, to buy some juice and other provisions to keep in the fridge, and that on her way back home she saw a police van draw close to me just as she was about entering she house. She stressed that the van stopped and the police officers asked her to enter the van. She narrated how she was eventually assaulted and raped by some police men when she could not afford to pay for her bail.
Joy Frank on the other hand claimed that she was arrested on her way to honour the birthday invitation of her friend. According to her, she was assaulted and asked to sleep with the officers in exchange for her bail. All the applicants are seeking for similar reliefs with little variations.
The applicants are all seeking for the enforcements of their rights believing that the court is the last home of the common man.
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