Court Throws Out ₦500m Rights Suit Against Nigerian Government, Wike Over Arrest of Beggars and Scavengers in Abuja
The Federal High Court in Abuja has thrown out a ₦500 million fundamental rights lawsuit filed against the Minister of the Federal Capital Territory (FCT), Nyesom Wike, and other federal agencies over the arrest of beggars, scavengers, and street traders in Abuja.
The case, brought by lawyer Abba Hikima on behalf of unnamed vulnerable residents, also listed the Inspector-General of Police, Director-General of the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC), the Attorney-General of the Federation, and the Federal Government as co-respondents.
Justice James Omotosho, in his ruling, held that the suit lacked merit, citing insufficient evidence to prove any breach of fundamental rights by the respondents.
The only evidence provided by the applicant were online newspaper articles, which the judge ruled inadmissible under Section 156 of the Evidence Act due to lack of certification by the National Library.
“A party cannot simply bring newspaper prints as evidence without proper certification,” Justice Omotosho said, adding that relying on such sources could open the floodgates to frivolous litigation.
He further stated that the applicant failed to name any specific government official who carried out the alleged arrests or harassment.
“The burden of proof lies with the applicant, who must present credible affidavit evidence,” the judge said. “What was presented were bare allegations without substance.”
In their defence, the FCT authorities argued that the individuals in question were arrested for causing public nuisance by trading in unauthorized locations, defecating in public, and even acting as informants for criminal elements. They maintained the enforcement actions were carried out under the Abuja Environmental Protection Act.
Justice Omotosho agreed with the government’s position, ruling that there is no constitutionally guaranteed right to beg or loiter in public spaces.
He cited both religious texts and legal precedent in asserting that begging, scavenging, and unauthorized street trading could not be legitimized under the guise of fundamental rights.
He emphasized that rights are not absolute and can be restricted in the interest of public order, health, and safety. “This court cannot endorse actions that endanger the well-being of the general populace,” he said.
The judge also questioned the practicality of the ₦500 million compensation request, noting that the applicant failed to provide names or identities of the supposed beneficiaries, suggesting the funds if awarded might never reach the intended victims.
In conclusion, the court found no credible basis for the claims and dismissed the suit in its entirety for lack of merit.
