Wike vs scavengers, beggars: Court to deliver judgment July 10

The Federal High Court in Abuja has adjourned the N500 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.

Mr E.G. Orubo, appeared for the Department of State Services, DSS, Laureata Nnabuchi represented the Nigeria Security and Civil Defence Corps, NSCDC, at the proceeding.

The aggrieved residents, through a lawyer, Abba Hikima, had sued Wike and the Inspector-General of Police as 1st and 2nd respondents, demanding N500 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 N500 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 Constitution of Nigeria 1999 (as altered), among other reliefs.

But the FCT minister, in a counter affidavit deposed to by Saidu Abdulkadir, 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 a serious security threat to residents.

He said 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.

“The said homeless people who reside and sleep on public roads and under the bridges without any proper form of toilet system, rely heavily on open urination and defecation which litter the streets of Abuja and threaten the environment and health of fellow citizens within the FCT.”

He said it is a violation of the Abuja Environmental Protection Board, AEPB, Act,1997 for the applicant or any person to erect or construct any house, shed, kiosk or any other structure on an unauthorised place or in contravention of any plan or design, whether general or particular as may be prescribed by the appropriate authority.

“The appropriate authority under the AEPB Act, 1997 is the 1st respondent,” he said.

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.

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 are not at the behest of the FCT minister.

“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.

The department also said it would not be in the interest of justice to grant an application filled with prevarications.

The NSCDC (civil defence), 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.