By Taiye Agbaje
The Federal High Court in Abuja has dismissed the N500 million suit filed by some vulnerable FCT residents, including scavengers, beggars, petty traders, against the Minister, Nyesom Wike.
Justice James Omotosho, in a judgment, held that the suit filed by their lawyer, Abba Hikima, to enforce their fundamental rights, lacked merit.
Justice Omotosho held that there was no credible evidence in the court record to proof 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’ were online copies of newspaper reports which were not certified by the National Library in line with Section 156 of the Evidence Act.
“In relying on newspaper reports, a party cannot just print or buy a newspaper from vendor and bring it to court without being certified by National Library,” he said, adding that a newspaper report could be forged or doctored with the aim of seeking reliefs.
“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.
“This is a reasonable principle of law as allowing parties to rely on newspaper reports as basis for their suit will open a floodgate of litigations as all manner of persons would rush to court to file frivolous suits based on newspaper reports which may not be accurate.
“Thus the suit of the applicant is bound to fail,” he said.
Justice Omotosho also observed that the plaintiff could not name a single officer or agent of the defendants who violated the rights of the vulnerable persons or who participated in the said raid on the said date.
According to the judge, I must say here that the burden to prove the breach of fundamental rights lies on the applicant.
“In the instant case, the appellants had the onus of proving by credible affidavit evidence that their fundamental rights were breached, but they failed woefully to do so,” he said.
He said the lawyer had failed woefully to prove the allegations made against Wike and others.
“The suit of the applicant is filled with bare assertions without any proof whatsoever to establish his claim.
“The facts stated are speculative without any foundation or proof.
“The law is trite that a court of law does not act on speculation but on solid evidence.”
He said the court would not waste its precious judicial time speculating on what happened on Nov.12, 2024 or which persons were arrested or detained if any.
According to the judge, assuming the applicant was able to prove that these vulnerable persons were indeed arrested and detained by the agents of the respondents, would it be deemed to be a violation of their fundamental rights?
“The 1st respondent (Wike) in his counter affidavit stated that the said vulnerable persons are beggars, scavengers and traders who display goods for sale in unauthorised places, defecate in public places, constitute security threat and constitute nuisance in the FCT.
“Also that they have been arrested vandalising public property and even serve as spies to kidnappers and terrorist organisations,” he observed.
He further observed that the FCT minister stated that these actions by the said vulnerable persons constituted violations of the Abuja Environmental Protection Act.
“It is clear that these allegations by the 1st respondent constitute grounds to breach of fundamental rights as they are based on allegations of committing crimes within the FCT.”
The judge held that fundamental rights are not absolute and can be breached in some instances, including suspicion of committing crimes and on grounds of public safety, public order and public health, citing previous Supreme Court decisions to back his judgment.
“It is clear from the above authorities that suspicion of committing an offence is a legal ground to breach the right of a person,” he said.
Addressing Hikima’s argument that the beggars had not committed any offence and should be allowed to carrying on begging, the judge held that “there is no fundamental right to beg and no law outrightly supports public begging or begging as a venture.”
“Even the religious books, such as the Koran, even though it permits begging in certain extreme conditions, frowns against begging as a profession.
“The Holy Prophet Muhammed in one of the Hadiths (Sahih al-Bukhari) was reported to have said: ‘It is better for one of you to take a rope and bring a bundle of wood on his back and sell it, and Allah will save his face because of that, rather than asking the people who may give him or not.’”
Justice Omotosho equally said that the Bible also encourages hard work as indolence would lead to poverty, citing Proverbs 10:4.
The judge said begging, as a full time profession, is usually a result of laziness and indolence on the part of the beggar.
“There is no dignity in begging as we are encouraged to work hard.
“I am aware that some beggars have no choice than to beg due to their physical condition.
“However, this does not stop them from learning a skill which is suited to their condition and can help them earn a decent living.
“Likewise, scavengers who sleep in public places and even defecate in those places without considering the health challenge this may pose to the general populace.”
He observed that the minister, in his argument, said skill acquisition centres as well as vocational and rehabilitation centres were established in Bwari in the FCT where the vulnerable people could be trained on a skill to help them but they refused to go there.
The judge, therefore, held that allowing homeless persons, scavengers, beggars and unauthorised petty traders to roam around the city without check would amount to a dereliction of duty on the part of the minister which was capable of turning the capital city to an eyesore.
Hence, he said removing them from the Abuja streets cannot be deemed a violation of their fundamental rights in any form of guise.
According to the judge, the reliefs sought by the applicant if granted, is capable of turning the FCT into a haven of all sorts of unwanted and unwholesome activities.
His words: “It is capable of turning the FCT into a safe haven for the destitute and vagabonds around the country.
“This cannot be the intention of the drafters of the constitution. This can also encourage criminality and breeding ground for all kinds of criminal elements.
“This court will not allow the provision of Chapter 4 of the Constitution to be a legal ground to encourage such acts.
“Consequently, | hold that any action of the 1st respondent in removing these groups of people pursuant to the Abuja Environmental Protection Act is constitutional and legal.
“I must also comment on the relief for damages sought by the Applicant.
“The applicant is a legal practitioner and brought the action in his name and on behalf of vulnerable citizens of Nigeria.
“This court then wonders how the relief for damages, if same was granted, was to be shared among the said vulnerable citizens, especially as no name or details was provided for these persons.
“It seems to this court that these monies if granted would have ended up in the private pockets of persons not falling within this group of vulnerable citizens.
“However, the failure of this application ensures that this would not be the case.
“In final analysis, the case of the applicant fails in its entirety as there is no credible proof on record to support the reliefs sought.
“Consequently, this application is hereby dismissed for lack of merit.”
The aggrieved residents, through the lawyer, had sued Wike and the Inspector-General (I-G) 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 Department of State Services (DSS), Nigeria Security and Civil Defence Corps (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.
The lawyer, in his affidavit, said the minister gave a directive for the arrest of the vulnerable people on Oct. 22, 2024, and that it was in the guise of enforcing the directive that the joint task force was constituted to carry out the directive.
According to him, it is not a crime to be homeless, beg or embark on a petty trade in Nigeria.
Hikima also attributed their plights to government’s failure and ineptitude in providing vulnerable Nigerians with security and decent lives.
But Wike, the DSS, NSCDC and AGF, in their separate counter affidavits, urged the court to dismiss the suit.(NAN)
Source; PM News
