The Minister of the Federal Capital Territory (FCT), Nyesom Wike, has told the Federal High Court in Abuja that the increasing rate of scavengers, beggars and homeless people in FCT is posing serious security threat to residents.
Wike, in a counter affidavit filed in opposition to the case instituted on behalf of some vulnerable FCT residents, told Justice James Omotosho to dismiss the N500 million suit in its entirety.
The minister, who made this known in the counter affidavit deposed to by Saidu Abdulkadir, an officer in the Legal Services Secretariat, Federal Capital Territory Administration (FCTA), and a copy sighted by the News Agency of Nigeria (NAN), said begging is not a trade known to law.
NAN reports that the aggrieved residents, through a lawyer, Abba Hikima, 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 minister 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.
Besides, 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 liters the streets of Abuja and threatens 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.
He said it is a violation of the AEPB Act, 1997 for the applicant or any person to urinate or defecate in an unauthorised or open place and that it is his responsibility to enforce the Abuja Master Plan.
“The Abuja Master Plan is organised in an orderly manner with provision for every sector of the economy.
“There are provisions for residential areas, business areas, religious and market places amongst athers.
“As such, selling/hawking on the streets of Abuja other than the allocated market or commercial structures goes clearly against the FCT Master Plan and the AEPB Act 1997,” he said.
According to him, the overwhelming presence of street beggars and hawkers within the FCT/City Centre defaces and degrades the serenity of tre FCT/City Centre and also poses great security threat.
The minister said he also has the responsibility to execute the Federal Environmental Protection Act, and to address the welfare ard social needs of the residents of the FCT.
He said in line with the relevant laws, the Social Development Secretariat (SDS) of the FCTA was established in 2004 for the promotion of the social wellbeing of the FCT residents and protection of the rights of the vulnerable, indigent, aged and destitutes.
He said in view of the above, the FCT Vocational and Rehabilitation Centre in Bwari was established to train and equip these vulnerable individuals with skills to help them become self-dependent.
“Despite the efforts of the 1st respondent (minister) in paragraph 29 above, many of the purported vulnerable people refuse to become self-dependent after learning these skills, rather, they choose to return to the streets of FCT to continue with their menace.
“The 1st respondent has continued to insist on training, equipping, rehabilitating and alleviating the challenges of the vulnerable, indigent, aged and destitutes in the FCT as begging is not a trade known to law.”
He said those amongst the vulnerable who refused to enroll in different skills acquisition programmes posed security, health and environment threat to the safety of motorist, passersby, lives and property of individual and public installations.
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 before the court.
The minister said the so-called three vulnerable persons that Hikima claimed to be enforcing their fundamental rights in his suit were faceless individuals as he had not in anyway shown that such persons actually exist.
“The claim of the applicant that he witnessed the maltreatment and extortion of the three individuals by the agents of the respondents is merely a figment of his imagination as he has not exhibited anything before the court to show that such an incident ever occurred.
“The 1st respondent has the duty of executing the Abuja Master Plan, keep the environment clean devoid of illegal structures, settlements and unauthorised activities,” the minster said
DSS, 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 is 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, which said that the applicant had not disclosed a reasonable cause of action against it, 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, 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, in his counter affidavit, equally prayed the court to discountenance the reliefs sought by the applicant.
NAN reports that Hikima, filed the originating motion marked: FHC/ABJ/CS/1749/3024 before Justice Omotosho on behalf of the vulnerable residents.
Hikima, in the suit 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 is praying 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, they said, are guaranteed under Sections 34, 35, 41 and 42 of the Constitution of Nigeria 1999 (as altered).”
“A declaration that the treatment of vulnerable citizens, including verbal harassment, physical threats, extortion, and detention without charge, constitutes inhumane and degrading treatment contrary to Section 34 of the 1999 Constitution (as amended).
“A declaration that Nigerians regardless of their economic status, place, birth or appearance, have the liberty to move freely in the FCT, Abuja including the liberty to sleep on public roads without let, permission or hindrance whatsoever in accordance with the spirit and purpose of Sections 35, 41 and 42 of the Constitution.”
He is, therefore, seeking “an order directing the respondents to issue a public apology to the affected individuals and Nigerian citizens at large for the inhumane, arbitrary and unconstitutional treatment meted on them pursuant to the directive of the 1st respondent (Wike) dated the 22nd October, 2024.
“An order mandating the respondents to set in motion and implement immediate policies and reforms, including public education for the realisation of the fundamental human rights of vulnerable Nigerians residing in Nigeria.”
Hikima averred that on Nov. 12, 2024, at about 11pm, on the Ahmadu Bello Way in Abuja, he sighted a motorcade of a joint task force security operatives and enforcement officers, including personnel of the military and police arresting numerous individuals perceived as homeless persons, scavengers and beggars.
He alleged that those arrested include hawkers of goods such as ice cream, sweets and biscuits; petty traders conducting lawful businesses along the roadside and persons dressed in ways reflecting their economic hardship or appearing homeless.
According to him, the individuals were forcefully apprehended, verbally harassed and subjected to physical threats in full view of all passersby, thereby creating an atmosphere of fear and intimidation.
He said he felt devastated as a human rights lawyer, and decided to trail the task force’s motorcade from a reasonable distance to Eagle Square along Shehu Shagari Way where they dropped off the victims.
He said he went back to the place where these persons were arrested and was able to get contacts of some of the victims.
He said on Nov. 15, 2024, he organised a meeting with three of the victims namely, Abdullatif Shehu, Hajiya Talatu Danladi and Judith Samuel, whose testimonies were recorded and verily believed to be correct and true.
The lawyer said the minister gave a directive for the arrest 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.
He said the homelessness, begging and petty trading for which the trio of Abdullatif, Talatu and Judith were arrested, detained and humiliated was occasioned by the harsh and unbearable government policies being experienced all over the country.
Hikima also attributes their plights to government’s failure and ineptitude in providing vulnerable Nigerians with security and decent lives.
The lawyer urged the court to grant their reliefs in the interest of justice to protect the fundamental rights of citizens and ensure accountability for the respondents’ actions.
