In a landmark ruling, an Abuja Federal High Court has dismissed a suit seeking to legalize prostitution in Nigeria.
Justice James Kolawole Omotosho presided over the case, stating that prostitutes have no legal rights under Nigerian law or the Constitution. The judge emphasized that prostitution is an offense under the Penal Code Act, punishable by up to two years in prison.
The lawsuit was filed by Lawyers Alert Initiative for Protection of Rights of Children, Women, and Indigent, seeking to stop the FCT Minister and Abuja Environmental Protection Board from harassing and prosecuting sex workers in Abuja. The group argued that the rights of sex workers were being violated and that they should be allowed to operate without intimidation.
The plaintiffs argued that the Abuja Environmental Protection Board (AEPB) had no right to arrest and prosecute sex workers, as they were not committing any offense. They also argued that the AEPB’s actions were discriminatory and violated the rights of sex workers to freedom of movement and association.
However, Justice Omotosho held that the application was incompetent and the reliefs sought were not grantable. The judge noted that prostitution is alien to Nigerian culture and has been frowned upon as an immoral act. He cited cultural relativism and the African Charter on Human and People’s Rights, emphasizing that Nigeria has its unique cultural norms guiding everyday conduct.
Justice Omotosho’s ruling highlights the importance of cultural relativism in the context of human rights. While universal human rights standards emphasize the importance of protecting individual rights, cultural relativism recognizes that different cultures have unique values and norms that must be respected.
The ruling has significant implications for the sex industry in Nigeria. While some argue that prostitution should be legalized and regulated, others believe that it is immoral and should be prohibited. The ruling reinforces the existing laws and social norms that prohibit prostitution in Nigeria.
In conclusion, the Abuja Federal High Court’s ruling dismissing the suit seeking to legalize prostitution in Nigeria is a significant development. The ruling reinforces the existing laws and social norms that prohibit prostitution in Nigeria and highlights the importance of cultural relativism in the context of human rights.