The Federal High Court in Abuja has adjourned the ₦500 million suit filed by some vulnerable FCT residents, including scavengers, beggars, petty traders, among others, against the Minister, Nyesom Wike, until July 10 for judgment.
Justice James Omotosho fixed the date after counsel to the plaintiff, Adamu Mahmud, and the defence lawyers, including B.E. Dakos, who appeared for the Minister, adopted their processes and argued their case for and against the suit.
E.G. Orubo, appeared for the Department of State Services (DSS), while Laureata Nnabuchi represented the Nigeria Security and Civil Defence Corps, (NSCDC), at the proceeding.
Recall that the aggrieved residents, through a lawyer, Abba Hikima, had sued Wike and the Inspector-General of Police (IGP) as 1st and 2nd respondents, demanding ₦500 million in damages over alleged breach of their fundamental rights.
Hikima, who is the applicant, also joined the Director-General of DSS, NSCDC, Attorney-General of the Federation (AGF) and the Federal Government of Nigeria as 3rd to 6th respondents respectively.
The lawyer, in the suit marked: FHC/ABJ/CS/1749/2024 dated Nov. 19, 2024 but filed Nov. 20, 2024, said he is suing in public interest for the protection of vulnerable citizens in Nigeria. He had prayed the court for an order awarding the sum of ₦500 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, he said, are guaranteed under Sections 34, 35, 41 and 42 of the Nigerian 1999 Constitution (as altered), among other reliefs.
However, the FCT minister, in a counter affidavit deposed to by Sa’idu AbdulƘadir, an officer in the Legal Services Secretariat, Federal Capital Territory Administration (FCTA), urged the court to dismiss the suit in its entirety.
Wike told the court that the increasing rate of scavengers, beggars and homeless people in FCT is posing serious security threat to residents. According to him, many of the “purported scavengers” have been arrested in the various acts of vandalising private and public property and in most cases serve as spies to kidnappers, criminals and terrorist organisations.
Wike argued that the increasing presence of the homeless people and beggars, setting up makeshift shelters on the streets, corners and under bridges within the FCT without approval from him, goes against the developmental laws of the FCT and posses security threats to the lives and property of other residents of FCT. According to him, the Abuja Master Plan is organised in an orderly manner with provision for every sector of the economy.
Wike denied breaching the fundamental rights of the vulnerable people or dehumanising them in the FCT. According to him, there is no evidence of such extortion, maltreatment and detention placed before the court.
However, the DSS counsel, in his counter affidavit deposed to by Musa Usman, an operative of the agency, vehemently denied all the allegations by Hikima.
It said the agency neither arrested the deponent in the applicant’s affidavit, Musa Aliyu, or any other person at any time nor participated in any joint security operation with other sister security agencies on Nov. 12, 2024, as alleged by the applicant.
It said contrary to the allegations, the DSS operations is not at the behest of the FCT minister, saying: “The 3rd respondent (DSS) imbibes global best practices when carrying out its mandate, and is not known for violating the provisions of the constitution of the Federal Republic of Nigeria and other extant laws”. It argued that the applicant failed to adduce any material evidence to prove his allegations against the service.
The DSS said that the applicant had not disclosed a reasonable cause of action against it, adding that it would not be in the interest of justice to grant an application filled with prevarications.
The NSCDC, in its counter affidavit deposed to by Goodness Akomolafe, also denied all the allegations. In the application, dated and filed April 15, the civil defence said it had not violated the applicant’s fundamental human rights in any way.
The AGF equally prayed the court to discountenance the reliefs sought by the applicant in the counter affidavit filed.
