Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit seeking to grant fundamental rights to commercial sex workers in the Federal Capital Territory (FCT), ruling that prostitution is illegal in Nigeria.
The applicants had filed the suit to prevent the FCT Minister, Nyesom Wike, and the Abuja Environmental Protection Board (AEPB) from harassing, arresting, or prosecuting them. They argued that their right to engage in sex work should be protected under Nigerian law.
However, in his judgment, Justice Omotosho ruled that prostitutes have no legal rights under the Nigerian Constitution or any known law. He stated that commercial sex work is an offence under the Penal Code, punishable by up to two years in prison.
The judge also criticized the lawsuit, calling it “shameful” and warning that allowing prostitution to thrive in Abuja would erode societal morals. He emphasized that public morality and order, as recognized under Section 45 of the Nigerian Constitution, justify legal actions against sex workers.
He further argued that while some Western countries have legalized prostitution, African societies have the right to define human rights based on cultural values. He noted that in Nigeria, prostitution—commonly referred to as Olosho, Ashewo, or Hookup—is widely regarded as immoral and unacceptable.
Concluding his ruling, Justice Omotosho upheld the right of the AEPB to arrest and prosecute sex workers, declaring that they constitute a public nuisance. He dismissed the suit for lacking merit, stating that the claimed rights were unenforceable under Nigerian law.
