The Federal High Court in Abuja has dismissed a ₦500 million fundamental rights enforcement suit filed against the Minister of the Federal Capital Territory (FCT), Nyesom Wike, by a legal practitioner, Abba Hikima, on behalf of homeless persons, scavengers, beggars, and petty traders residing in Abuja.
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Delivering judgment in the suit marked FHC/ABJ/CS/1749/2024, Justice James Omotosho held that the case lacked merit and was riddled with speculation, hearsay, and insufficient evidence.
The judge ruled that the applicants failed to provide credible proof that their fundamental rights were violated by the minister or other respondents, which include the Inspector-General of Police, the Director-General of the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC), the Attorney-General of the Federation, and the Federal Government of Nigeria.
Justice Omotosho emphasized that the only evidence submitted were uncertified newspaper reports, which are inadmissible under Section 156 of the Evidence Act. He warned that allowing such reports to form the basis of litigation would open a floodgate of frivolous suits.
“This court will not waste its time relying on newspaper reports to prove the truth of the contents therein. It is hearsay evidence and no probative value will be ascribed to it,” he said.
He also noted that no individual law enforcement officer was named as responsible for the alleged arrests or violations, and that no specific incident involving any identified individual was cited.
According to the court, even if the applicants had proven arrests occurred, such actions would not necessarily constitute violations of fundamental rights if carried out in accordance with laws addressing public safety and health.
The judge referenced Section 305 of the Constitution and prior Supreme Court decisions to support the ruling that constitutional rights can be restricted under certain conditions, such as suspicion of crime or public safety concerns.
He further dismissed the argument that begging is a constitutionally protected right, stating, “There is no fundamental right to beg, and no law outrightly supports public begging or begging as a venture.”
Quoting both Islamic and Christian scriptures, Justice Omotosho observed that begging should not be encouraged as a profession, and that those physically challenged could learn skills suited to their conditions.
He noted that skill acquisition and rehabilitation centres were available in Bwari, but the affected persons had refused to avail themselves of the facilities.
“It would be a dereliction of duty for the FCT Minister to allow beggars, scavengers, and unauthorized traders to roam unchecked, potentially turning the capital into a haven for criminal elements,” the court held.
Justice Omotosho also questioned how any damages awarded would be distributed among the unnamed class of vulnerable individuals. He suggested the lawsuit appeared self-serving and concluded that the failure of the application ensured that any funds, had they been awarded, would not be misappropriated.
“In final analysis, the case of the applicant fails in its entirety as there is no credible proof on record to support the reliefs sought. Consequently, this application is hereby dismissed for lack of merit,” he declared.
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