The Federal High Court in Abuja has thrown out a N500 million lawsuit filed by a group of vulnerable residents of the Federal Capital Territory (FCT), including scavengers, beggars, and petty traders, against the FCT Minister, Nyesom Wike, and other federal officials.
Justice James Omotosho ruled that the case, filed by lawyer Abba Hikima, lacked merit and was based on insufficient and unverified evidence. He stated that the plaintiffs failed to prove any violation of their fundamental rights.
According to the judge, the applicants relied solely on uncertified online newspaper reports, which he said held no legal weight under Section 156 of the Evidence Act. He warned that courts could not accept such reports as factual proof, as they could be forged or misleading.
“The suit is built on speculation and bare allegations without credible evidence,” Omotosho said. “Fundamental rights claims must be supported by clear, verifiable facts, not hearsay or assumptions.”
The judge also noted that the plaintiffs did not identify any specific official who allegedly violated their rights, nor could they substantiate claims of unlawful arrests or detention on the alleged date of the raid, November 12, 2024.
Wike, in his defense, described the plaintiffs as individuals engaged in unauthorized activities such as illegal trading, vandalism, and public defecation, which he said posed a security and health risk to the FCT. He argued that actions taken against them were in line with the Abuja Environmental Protection Act.
Justice Omotosho affirmed that while fundamental rights are protected under the Constitution, they are not absolute and may be lawfully curtailed in the interest of public safety, order, or health, especially when crime is suspected.
“There is no constitutional right to beg, nor is begging recognized as a lawful occupation,” he ruled, citing both Islamic and Christian teachings that promote hard work over public solicitation. He also referenced existing rehabilitation programs in Bwari available to vulnerable individuals, which many reportedly ignored.
On the N500 million damages sought, the judge questioned how the compensation would be distributed, as no specific names or details of affected persons were provided. He suggested the suit may have been a self-serving attempt to secure funds under the guise of public interest.
In conclusion, Justice Omotosho dismissed the case in its entirety, declaring it lacking in merit and evidential support.
The suit, marked FHC/ABJ/CS/1749/2024, named Wike, the Inspector-General of Police, the Directors-General of DSS and NSCDC, the Attorney-General of the Federation, and the Federal Government as respondents. Hikima, the applicant, had claimed the mass arrests and alleged harassment violated sections 34, 35, 41, and 42 of the Nigerian Constitution.
However, all respondents denied the allegations and urged the court to reject the claims—an argument the court ultimately upheld.
