The Minister of the Federal Capital Territory (FCT), Nyesom Wike, has informed the Federal High Court in Abuja that the escalating presence of scavengers, beggars, and homeless individuals in the FCT constitutes a grave security threat to residents.
Wike, in a counter-affidavit filed to oppose a case instituted on behalf of some vulnerable FCT residents, urged Justice James Omotosho to dismiss the N500 million suit in its entirety.
The minister’s stance, detailed in the counter-affidavit deposed to by Saidu Abdulkadir, an officer in the Legal Services Secretariat, Federal Capital Territory Administration (FCTA), and sighted by the News Agency of Nigeria (NAN), asserts that begging is not a lawful trade.
NAN reports that the aggrieved residents, represented by lawyer Abba Hikima, had sued Wike and the Inspector-General of Police as 1st and 2nd respondents, respectively, seeking N500 million in damages for alleged breach of their fundamental rights.
Mr. Hikima, the applicant, also joined the Director-General of State Security Service (SSS), Nigeria Security and Civil Defence Corps (NSCDC), Attorney-General of the Federation (AGF), and the Federal Government of Nigeria as 3rd to 6th respondents.
The minister contended that many of the “purported scavengers” have been apprehended in various acts of vandalizing private and public property and often serve as spies for kidnappers, criminals, and terrorist organizations.
Furthermore, Wike argued that the growing presence of homeless people and beggars, establishing makeshift shelters on streets, corners, and under bridges within the FCT without his approval, contravenes the developmental laws of the FCT and poses security threats to the lives and property of other residents.
“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 litters the streets of Abuja and threatens the environment and health of fellow citizens within the FCT,” the affidavit stated.
He asserted that it is a violation of the Abuja Environmental Protection Board (AEPB) Act, 1997, for any person to erect or construct any structure in an unauthorized place or in contravention of prescribed plans or designs.
“The appropriate authority under the AEPB Act, 1997 is the 1st respondent,” he emphasized.
Wike further stated that it is a violation of the AEPB Act, 1997, for anyone to urinate or defecate in an unauthorized or open place, and that it is his responsibility to enforce the Abuja Master Plan.
“The Abuja Master Plan is organized 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 others. 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 noted.
According to the minister, the overwhelming presence of street beggars and hawkers within the FCT/City Centre defaces and degrades the serenity of the FCT/City Centre and also poses significant security threats.
He added that he also bears the responsibility to execute the Federal Environmental Protection Act and address the welfare and social needs of FCT residents.
He highlighted that in line with relevant laws, the Social Development Secretariat (SDS) of the FCTA was established in 2004 for the promotion of the social well-being of FCT residents and the protection of the rights of the vulnerable, indigent, aged, and destitute.
Wike mentioned the FCT Vocational and Rehabilitation Centre in Bwari, established to train and equip these vulnerable individuals with skills for self-dependence.
“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,” he stated.
“The 1st respondent has continued to insist on training, equipping, rehabilitating and alleviating the challenges of the vulnerable, indigent, aged and destitute in the FCT as begging is not a trade known to law,” he reiterated.
He concluded that those among the vulnerable who refused to enroll in different skills acquisition programs posed security, health, and environmental threats to the safety of motorists, passersby, lives, and property of individuals and public installations.
Mr. Wike denied breaching the fundamental rights of the vulnerable people or dehumanizing them in the FCT, stating there was no evidence of such extortion, maltreatment, and detention before the court.
The minister contended that the three vulnerable persons Hikima claimed to be enforcing their fundamental rights for were “faceless individuals” as their existence had not been proven.
“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,” Wike’s affidavit read.
“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 minister affirmed.
The SSS, in its counter-affidavit deposed to by Musa Usman, an operative, vehemently denied all allegations by Mr. Hikima. It stated that the agency neither arrested Musa Aliyu, the deponent in the applicant’s affidavit, nor any other person at any time, nor did it participate in any joint security operation with other sister security agencies on November 12, 2024, as alleged.
The SSS further stated that its 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,” the affidavit asserted.
It argued that the applicant failed to adduce any material evidence to prove his allegations against the service, and that 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 allegations. In the application dated and filed April 15, the civil defense stated 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.
Mr. Hikima filed the originating motion marked: FHC/ABJ/CS/1749/3024 before Justice Omotosho on behalf of the vulnerable residents.
Mr. Hikima, in the suit dated November 19, 2024, but filed November 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).”
He also seeks: “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.”
He also seeks: “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.”
Mr. Hikima averred that on November 12, 2024, at about 11 pm, on the Ahmadu Bello Way in Abuja, he sighted a motorcade of a joint task force of security operatives and enforcement officers, including military and police personnel, arresting numerous individuals perceived as homeless persons, scavengers, and beggars.
He alleged that those arrested included 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 stated that on November 15, 2024, he organized a meeting with three of the victims, namely, Abdullatif Shehu, Hajiya Talatu Danladi, and Judith Samuel, whose testimonies were recorded and believed to be correct and true.
The lawyer said the minister gave a directive for the arrest on October 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 were occasioned by the harsh and unbearable government policies being experienced all over the country.
Mr. 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.
Beggars, Scavengers Pose Security Threat in FCT — Wike
