The Federal High Court in Abuja has dismissed the N500 million demand suit filed by some scavengers, beggars, and petty traders against the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Justice James Omotosho dismissed the case on Friday, after counsel to the plaintiff, Adamu Mahmud, and the defence lawyers, including B.E. Dakos, had previously adopted their final written addresses in respect of the case.
Recall that the plaintiffs, who identified themselves as aggrieved and vulnerable residents, had, through their lawyer, Abba Hikima, sued Wike and the Inspector-General (I-G) of Police, the Director-General of DSS, NSCDC, Attorney-General of the Federation (AGF), and the Federal Government of Nigeria, demanding N500 million in damages over alleged breach of their fundamental rights in the nation’s capital.
Legal Dispute
The lawyer, in the suit marked: FHC/ABJ/CS/1749/2024, argued that he sued in the public interest for the protection of vulnerable citizens in Nigeria.
He prayed the court “for an order awarding the sum of N500 million as general and exemplary damages for the violation of the fundamental rights of the affected citizens.”
- According to him, the alleged arbitrary arrest, detention without charges, harassment, and extortion of homeless persons, scavengers, petty traders, beggars, and other vulnerable Nigerians resident in the FCT constituted a violation of their fundamental rights.
- He urged the court to uphold the rights of vulnerable residents in line with Sections 34, 35, 41, and 42 of the Constitution of Nigeria 1999 (as altered).
- But the FCT minister, in a counter-affidavit deposed to by Saidu Abdulkadir, urged the court to dismiss the suit in its entirety.
- The lawyer maintained that the increasing rate of scavengers, beggars, and homeless people in the FCT is posing a serious security threat to residents.
He said a number 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.
The lawyer further 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.”
The DSS, in its counter-affidavit deposed to by Musa Usman, denied all the allegations by Hikima.
The secret police said the agency neither arrested the deponent in the applicant’s affidavit, Musa Aliyu, nor 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.
“The (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,” the secret police said.
The AGF’s legal team equally urged the court to discountenance the reliefs sought by the applicant and dismiss the suit.
Court Judgement
Passing the judgment on Friday, Justice Omotosho dismissed the N500 million suit, highlighting that the suit filed by their lawyer, Abba Hikima, to enforce their fundamental rights, “lacked merit.”
- Justice Omotosho stressed that there was no credible evidence in the court record to prove that the rights of the vulnerable people were breached by the defendants.
- The judge further held that the only evidence attached to the suit by the applicants was online copies of newspaper reports.
“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,” the judge said.
The judge also observed that the plaintiff failed to name a single officer or agent of the defendants who allegedly violated the rights of the vulnerable persons or who participated in the said raid on the said date.
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