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Court dismisses prostitutes’ suit against Wike

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Justice James Omotosho of the Federal High Court Abuja has dismissed a suit seeking to stop the Minister of FCT, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from arresting and prosecuting Commercial Sex Workers (CSWs) in Abuja.

Delivering judgement, Justice Omotosho, held that the application of the plaintiff was incompetent under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Justice Omotosho held that even if it was competent, the reliefs sought were not grantable and thus,  the suit was hereby dismissed for lack of merit.

The plaintiff, under the auspices of the Incorporated Trustee of Lawyers Alert Initiative for Protecting the Rights of Children, Women and the Indigent, had instituted the suit.

The group sued the AEPB, FCT Minister, Federal Capital Territory Administration (FCTA) and the Attorney-General of the Federation (AGF) as 1st to 4th respondents respectively.

The originating summons was brought pursuant to Order 3, Rule 6 and 9 of the FHC (Civil Procedure Rules, 2019; Sections 6(6)(b), 41(1), and 42 of the 1999 Constitution (as amended) and under the inherent jurisdiction of the court.

In the suit, the lawyers prayed the court to determine whether the duties of the AEPB under Section 6 of the AEPB Act, 1997, extend to the harassment, arrest, detention and prosecution of women suspected of engaging in sex work on the streets of Abuja.

They sought a declaration that the charge made by the personnel of the AEPB before the FCT Mobile Court, which referred to arrested women suspected of engaging in sex work as ‘articles’ and considered their bodies as ‘goods for purchase,’ is discriminatory and violated the provisions of Section 42 of the 1999 Constitution.

The lawyers, therefore, prayed to the court for an order restraining the AEPB, its agents or privies, from harassing, arresting and raiding women suspected of engaging in sex work on the streets of Abuja.

They sought an order restraining the 1st respondent (AEPB), her agents or privies from prosecuting women suspected of engaging in sex work on the streets of Abuja under Section 35(1) (d) of the AEPB Act, 1997.

They equally sought an order directing all the respondents to ensure proper application of the provisions of the Abuja Environmental Protect Act, 1997, by the 1st respondent.

But in a counter affidavit jointly filed by the minister, AEPB and FCTA by their lawyer, Betty Umegbulem, the respondents prayed the court to dismiss the case.

They denied all the averments in the applicant’s affidavit.

Ahmed Gidado, a Legal Assistant, who deposed to the counter affidavit, said the applicant did not file any case against the 1st to 3rd respondents in 2019 as alleged in a previous judgment exhibited in the suit.

He argued that the exhibit attached therein was for a case filed by one Ms Mirabel Ojimba and not the applicant.

According to him, this honourable court cannot rely on a judgment which is not signed by the presiding judge and duly certified.

He said the applicant did not present any evidence to prove that any woman was harassed or arrested by the AEPB.

He argued that the applicant did not state how its fundamental human rights were violated and which of the rights was violated by the 1st to 3rd respondents to warrant the filing of the action.

The officer averred that the applicant was not the person whose fundamental human rights were allegedly violated by the 1st to 3rd respondents.

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“The person (s) alleged to have been harassed, arrested or raided by the 1st to 3rd respondents are not before the court to narrate their side of the story,” he added.

Gidado said the applicant did not specifically mention the rights (as outlined in Chapter IV of the Constitution) violated by the 1st to 3rd respondents to enable the respondents to reply to the issues appropriately.

Gidado, who argued that the applicant’s prayers were not in line with the Fundamental Rights Enforcement Procedure Rules 2009, said fundamental human right cannot be enforced by another person who is not the victim of violation.

Also, the AGF, in his counter-affidavit deposed to by Barnabas Onoja, a Litigation Officer, argued that all the facts, as presented by the applicant, were untrue and misleading.

Onoja said contrary to the applicant’s submission, the AGF never received any pre-action notice from the applicant and that his office was only aware of the present suit upon the receipt of the processes.

He said the AGF does not act as a supervisory officer over the activities of every security or federal government agency.

Delivering the judgment, Justice Omotosho formulated three issues for determination.

These included “whether the applicant can bring an action to enforce the rights of a group of persons, whether this fundamental rights suit is within the jurisdiction of this court in view of the claim of the applicant and whether the reliefs sought can be granted in the circumstances.”

The judge said the applicant, a Non-Governmental Organisation (NGO), which brought the suit to enforce the rights of women engaging in sex work on the streets of Abuja, cannot be stopped from bringing the action as it was well within the law to do so.

“Consequently, issue one is resolved in favour of the applicant,” he ruled.

The judge said though the right to freedom from discrimination was claimed as the first relief, “the facts and circumstances before this court show that it is simply ancillary to the main claim as regards the provision of the Abuja Environmental Protection Act, 1997.

“The import of this is that the suit cannot be competently taken under the fundamental rights enforcement procedure. Consequently, this issue is resolved against the applicant.”

Citing Chapter IV of the 1999 Constitution (as amended), the judge examined what constituted enforceable human rights in Nigeria.

“The clear indication of the above provision is that only rights provided under Chapter IV is actionable,” he said, citing previous cases to back his decision.

He said the fundamental right against discrimination is found under Section 42 of the constitution.

“The applicant has brought this suit to enforce the rights of women suspected of engaging in sex work on the streets of Abuja.

“The applicant argued that these women should not be arrested and prosecuted by the 1st respondent (AEPB) for engaging in sex work as their male counterparts are usually not arrested.

“In a way, the applicant is advocating that women engaging in sex work should be allowed to go about their profession without restraint.

“The position taken by the applicant on this issue is, without doubt, reprehensible and ridiculous.

“These women whom the applicant is suing for are to use the proper word, ‘prostitutes’ and their profession is ‘prostitution.’ This court wonders if prostitution has become legal in the Federal Capital Territory (FCT).

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“Under the Penal Code Act which is operational in the FCT, prostitutes are regarded as vagabonds under Section 405 (1) (d),” he said.

Justice Omotosho, who equally cited Sections 405(2)(d) and 407 of the Act, said “The import of the above provisions is that prostitution constitutes an offence under the Penal Code Act.”

According to him, it must be stated here that fundamental human rights in Nigeria are not absolute in operation.

“There are instances which warrant a legal breach of some rights. A common instance is for the arrest of a person suspected of committing an offence under Section 35 (1) (c) of the 1999 Constitution (as amended).”

Citing Supreme Court previous cases, Omotosho held that it was clear from the above authorities that suspicion of committing an offence is a legal ground to breach the right of a person.

“The women suspected of engaging in sex work on the streets of Abuja or prostitutes or vagabonds are by their actions allegedly committing an offence and thus their fundamental rights can be legally breached by the 1st respondent.

“Holding a different opinion would mean that a person arrested in the process of robbing others can claim to be entitled to his fundamental rights to personal liberty and freedom. This would cause anarchy and chaos In the society,” he said

According to him, assuming that prostitution is not an offence in the FCT, the rights of these prostitutes can legally be violated under Section 45 of the constitution which allows the breach of a person’s right on grounds of defence, public safety, public health, public order and public morality.

“It is a known fact that prostitutes are some of the clearest examples of indecency in society and they are champions of immorality through their immoral dressing, exposing sensitive parts of their bodies, their use of vulgar language as well as the chief culprits in spreading sexual diseases.

“Allowing prostitutes to have free rein on the streets of Abuja will, in no time, destroy the moral fibre of the city and turn it into a hotbed of immorality. This court will not allow such to happen,” he said.

Citing the old English case of “Pierce Vs Brooks [1861-73] All Er 102,” the judge said it was clear from the case that “an immoral act can also be termed an illegal act and actions founded on such acts cannot be enforced by law under the doctrine of ex turpi causa non oritur actio.

“In the same way, a suit anchored on the right to engage in prostitution cannot be enforceable anywhere in Nigeria.”

He said the court was not unaware that prostitution had been legalised in some Western nations, including in the Netherlands where prostitutes are now entitled to pensions and other benefits.

“This is not so in Africa. The African Charter on Human and People’s Rights which is one of the Statutes enforced by the Fundamental Rights (Enforcement Procedure) Rules, is clear on what fundamental rights are in Africa.”

He said looking at the preamble to the charter, the culture of Africans must reflect in their idea of what constitutes human rights.

“This philosophy is what is known as cultural relativism in the framework of human rights.

“The counterpoint to this is universality which posits that human rights should be the same in all places and should apply to persons irrespective of their culture, religion, race, gender or other differences.

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“The idea behind universalism is to ensure uniformity in human rights development. Universality of human rights directly led to the drafting of the Universal Declaration of Human Rights which is the first global human rights document.

“While it is theoretically sound, universalism if applied would offend the unique cultures of some people.

“For instance, the right to same-sex marriage which is acceptable in Western nations like the United Kingdom will be deeply unacceptable to conservative and religious nations like Arab nations.

“Thus, cultural relativism means that these nations can choose which of these rights to adopt or not.

“This explains why some conservative nations exercise their right to reservation regarding several sections of the Universal Declaration of Human Rights which are in conflict with their cultural beliefs.”

The judge said Nigeria is an African nation with deeply cultural norms that guide everyday conduct.

“I daresay that prostitution is and has never been part of our culture.

“Prostitution or ‘Olosho’ and ‘Ashewo’ as the Yorubas call it, ‘Akwuna-Akwuna’ as the Igbos call it, ‘Karuwa’ as the Hausas call it or ‘Hookup’ as the young people say it, is alien to our culture.

“It has been frowned upon as a deeply immoral act worthy of shame. The fact that civilisation and westernisation has taken some root in Nigeria still does not make it right.

“Even in some Western countries, prostitution is still seen as an immoral act. In the United States of America for instance, apart from a few counties in the state of Nevada, prostitution or sex work is illegal in the other 50 states of the US.

“There is no justification for prostitution in Nigeria in the context of our cultural norms and tradition and in fact, prostitution is an anathema in Africa,” he said.

Justice Omotosho held that the prostitutes which the group sought to protect “are vagabonds” and the AEPB is well within its right to arrest and prosecute them as they constitute a nuisance in the FCT and are committing an offence by parading themselves as “women of easy virtue.”

“I, therefore, hold that this application filed by the applicant has no basis and the rights claimed are unenforceable in light of the provisions of Section 45 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Preamble to the African Charter on Human and Peoples Rights.

“I must also say here that this court is bemused by this instant application filed by the applicant which is a Civil Society Organisation set up to protect the rights of girls and women.

“This court wonders what kind of message the applicant is sending when it decided to bring an action to protect prostitutes.

“A reasonable person would have expected that the applicant would instead occupy itself with developing the girl child and protecting the sanctity of womanhood instead of promoting immorality and the spread of sexual diseases.

“It is indeed shameful that the applicant should file an action such as this,” the judge held.

Justice Omotosho also further held that the judgment of a sister court in suit number: FHC/ABJ/CS/971/2019, exhibited by the group was only of slight persuasive authority.

The judge said he was not bound by the decision of the brother judge being a court of coordinate jurisdiction, citing a Court of Appeal’s previous case to back his decision.

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NDLEA seizes N3.4bn Loud, Opium, arrests fake police officer, mechanic

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Operatives of the National Drug Law Enforcement Agency (NDLEA) have intercepted more than 1.3 million pills and capsules of tramadol and other opioids as well as 6,000kg of cannabis worth over N3.4 billion in combined street value.

The successes were recorded in a series of operations across Lagos, Edo, Niger, Delta, Ondo, Gombe, Imo and the Federal Capital Territory.

Femi Babafemi, NDLEA’s Director, Media and Advocacy, who disclosed this in a statement issued on Sunday,  said the agency also arrested a suspected fake police officer, a mechanic allegedly using his workshop as a drug storage facility and three young suspects found with two locally fabricated AK-47 rifles, a pistol and ammunition.

According to Babafemi, the operatives intercepted 1,200 parcels of Canadian Loud, a potent strain of cannabis weighing 603.75kg and valued at N1.811 billion.

The operation, he said also led to the arrest of 49-year-old Innocent Ekpe, who was allegedly transporting 292.48kg of skunk in a silver Toyota Sienna bus along the Benin-Onitsha Expressway in Asaba, Delta State, on Wednesday, September 16.

According to the NDLEA, Ekpe had allegedly impersonated a senior police officer to evade security checks while transporting illicit drugs across state lines.

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The agency said, “Investigation established that Ekpe had long paraded himself as Godwin Emeka, a Deputy Superintendent of Police, using a forged ID card to escape scrutiny at checkpoints while transporting illicit consignments.”

A 39-year-old accomplice, Nduka Joseph, was also arrested during the operation.

In Edo State, NDLEA operatives acting on intelligence raided a location on Agbor Road, Benin City, where they arrested 45-year-old Matthew Ossai.

The agency said Ossai “used his auto-repair workshop as a front for storing illicit drugs.”

Officers recovered 48kg of Canadian Loud, 152g of methamphetamine and a metal box used to store the illicit substances.

At the Tin-Can Island Port in Lagos, a 40-foot container shipped from Montreal, Canada, which arrived on September 12, was placed under intensive monitoring following intelligence received by NDLEA operatives.

The shipment was subjected to a joint physical examination with Customs and other security agencies on Wednesday, September 16.

The agency said, “The search uncovered 1,200 parcels of Canadian Loud weighing 603.75 kilograms, concealed inside 31 black jumbo bags loaded within two Toyota Sienna vehicles in the container.”

In Niger State, NDLEA operatives on patrol along the Abuja-Kaduna Expressway at Chachi, Tafa Local Government Area, arrested Bashir Usman, 20; Abubakar Nuhu, 18; and Abdulrahman Abdulwahab, 18, on Tuesday, September 15.

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The suspects were allegedly found with two locally fabricated AK-47 rifles and a magazine, a locally made pistol with a magazine and nine rounds of 9mm ammunition concealed in a black travel bag.

Also in Niger State, NDLEA officers on Friday, September 18, arrested Aminu Isyaku, 23, and Jamilu Habibu, 25, along the Abaji-Abuja highway.

More than 1.1 million assorted tramadol tablets and capsules, codeine syrup, methamphetamine and Exol tablets were recovered from the suspects.

 
The agency said the drugs were “concealed in eight sacks en route from Onitsha, Anambra state to Mararaba, Nasarawa state.”

In Lagos, NDLEA operatives arrested Onyeka Ofor at his residence in Aguda, Surulere, on Friday, September 18, with 48,900 pills of tramadol 225mg.

Seven cartons of cannabis sativa weighing 59kg were also intercepted at a logistics company, with a suspect, Luke Ugokwe, taken into custody.

In another operation in Lagos, 43-year-old Ibrahim Hudu was arrested at Apogbon on Thursday, September 17, with 998.38kg of nitrous oxide gas.

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In Gombe State, 154,480 capsules of tramadol were recovered from Sabi’u Umar, 27, and Hassana Muhammad, 19, who were arrested separately at the Barunde area and Gombe main market on Friday, September 18.

In Imo State, 25-year-old Ifesinachi Godwin was arrested along the Owerri-Onitsha Road with 43.85kg of skunk on Friday.

Meanwhile, four suspects identified as Blessing Effiong, Saviour Peter, David Friday Sunday and Ability Peter Sunday were arrested during a raid on a two-hectare cannabis farm in Ita-Ogbolu forest, Ondo State.

The operation also led to the destruction of 5,000kg of skunk, while 48kg of dry and fresh cannabis was recovered for the prosecution of the suspects.

While commending the officers and personnel of the affected commands, NDLEA Chairman and Chief Executive Officer, Brig. Gen. Mohamed Buba Marwa (rtd), praised their professionalism and intelligence-driven approach to the operations.

Marwa urged them and their colleagues across the country to sustain the agency’s approach to drug control.

He said they should “continue with the current balanced approach to the drug control efforts of the Agency.”

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56-year-old Nigerian woman arrested over unlawful voting in US

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A Nigerian woman residing in Lynn, Massachusetts, United States, Gladys Adaeze Okafor, has reportedly been arrested and charged for voting illegally in the 2022 midterm elections.

56-year-old Okafor was also accused of voting in the 2024 presidential primary election despite not being a United States citizen.

The United States Attorney’s Office for the District of Massachusetts disclosed this in a statement issued on Wednesday.

According to the statement, “BOSTON – A Nigerian national residing in Lynn, Mass. has been arrested and charged with illegally voting in the 2022 midterm elections. Defendant also allegedly voted in the 2024 Presidential primary election.”

The statement identified the defendant as Okafor and said she was charged with unlawfully voting as an alien. It added that she was arrested on Wednesday morning and was expected to appear in federal court in Boston later that day.

The statement stated further: “Gladys Adaeze Okafor, 56, is charged with unlawfully voting as an alien. The defendant was arrested this morning and will appear in federal court in Boston later today.”

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According to the charging documents, Okafor is a Nigerian citizen who was born in Aba, Nigeria. The documents stated that she obtained lawful permanent resident status in December 2022 but was not a US citizen and had not applied for US citizenship.

The US Attorney’s Office said the alleged voting offences began before Okafor obtained her permanent resident status.

It said, “In July 2022, Okafor allegedly submitted a voter registration card, signing her name under a certification which provided ‘I am a citizen of the United States … Signed under penalty of perjury.’ The City of Lynn subsequently registered her to vote, and Okafor allegedly voted in the midterm elections that fall.”

The authorities further alleged that Okafor registered to vote again in 2023 and declared herself a US citizen on the registration form.

The statement said, “It is further alleged that Okafor submitted a second voter registration form in October of 2023, checking the ‘U.S. Citizen’ box and signing under the US citizen certification. Okafor allegedly voted in the 2024 presidential primary election.”

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The charge of unlawful voting as an alien carries a maximum sentence of one year in prison, one year of supervised release and a fine of up to $100,000.

The statement said, “The charge of unlawful voting as an alien provides for a sentence of up to one year in prison, one year of supervised release and a fine of $100,000. The defendant may be subject to deportation upon completion of any sentence imposed.”

It added that any sentence would be determined by a federal district court judge based on the US Sentencing Guidelines and the statutes governing sentencing in federal criminal cases.

The case was announced by United States Attorney Leah B. Foley and Jeff Grimming, Acting Special Agent in Charge of Homeland Security Investigations in New England.

Assistant US Attorney Julissa Walsh of the Major Crimes Unit is prosecuting the case.

The statement also linked the case to the district’s recently established Benefit & Voter Fraud Team, which was announced by Foley in March 2026.

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It said, “On March 26, 2026, United States Attorney Leah B. Foley announced the creation of the Benefit & Voter Fraud Team, a district-wide initiative established in response to the rampant fraud being uncovered across Massachusetts.”

The US Department of Justice subsequently announced the creation of the National Fraud Enforcement Division in April 2026 to investigate and prosecute fraud against Americans.

The statement said, “On April 7, 2026, the Department of Justice announced the creation of the National Fraud Enforcement Division. The Fraud Division is investigating and prosecuting those who commit fraud against the American people.”

The office, however, stressed that the allegations contained in the charging document had not been established in court.

It stated, “The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.”

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Ondo poisonous herbal drink: Death toll rises to 49

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The death toll from the suspected poisonous herbal drink in Ondo State has risen to 49, while almost 200 people are reportedly affected by the health crisis.

According to latest reports, the incident, which started in Araromi-Obu and Odigbo communities in the Odigbo Local Government Area, has now spread to the Irele Local Government Area, where eight deaths have reportedly been reported.

It would be recalled that no fewer than 29 residents of Araromi-Obu and Odigbo were said to have died after consuming the substance.

However, the death toll has reportedly risen to 49 as of Wednesday.

The state Commissioner for Health, Dr Banji Ajaka, who confirmed the latest number of affected persons, said the health crisis had extended to the Irele Local Government Area.

Ajaka said eight people had been reported dead in Irele as of Tuesday night.

He said, “As we are now, Irele is where we have a serious issue. Our people were there and many people have died. About eight people have been recorded to have died as of last night.

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“So, all the people that have been affected altogether now are about 170, those that have been admitted and those that have died.”

The commissioner attributed the health crisis to the consumption of ethanol by the victims, adding that the state government had intensified its response to prevent the situation from spreading to other local government areas.

He said medical and health officials, alongside other stakeholders, had been deployed to affected communities as soon as reports emerged.

“We are always fast about it. Wherever and whenever we hear reports of the issue, our teams are already in Irele as I’m talking to you now,” Ajaka added.

The Ondo State Police Command had earlier arrested a man, Oloruntoba Babatunde, popularly known as “Meko,” over the production of a herbal liquid substance suspected to be linked to the health crisis.

The command also said 14 other persons were arrested for allegedly violating a ban on the sale of herbal products imposed by the local government.

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The state Police Public Relations Officer, DSP Abayomi Jimoh, disclosed this in a statement, adding that the command had commenced an investigation into the circumstances surrounding the deaths.

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