Tag Archives: fundamental human rights of women in the FCT


By Roseline Oghenebrume, Director Programs, Lawyers Alert









Dawn sets in the suburbs of the Federal Capital Territory, Abuja, Nigeria. Alhaji Abubakar (Pseudo name) after his morning prayer wakes his family up to begin the grind for the day. His family comprises of two sons and a daughter all aged 15, 13 and 11 respectively. In his words, it is Monday, you have to meet up with travelers at the Jabi Motor Park or else no food for you all. They begin their journey on foot for a 5km walk with their goods to be sold off on their heads. While they approached the park, they sighted the task force team and obviously took to their heels. While the eldest was lucky to have escaped, the two others were swept off the roads in the van of the task force and their goods seized.

These types of petty acts that are seen as offences is regrettably targeted at low income earners, the vulnerable and the poor. For instance, citizens engaged in activities such as loitering are arrested by security agents shouldered with the responsibility of enforcing these laws. In one instance, someone hawking goods in trying to escape arrest jumped off a fly over in Abuja Central District Area, losing his life in the fall. Security agencies go out at night arresting women and breaking people’s doors, dragging them out on account of their sexual orientation and perceived type of job. Commercial bus drivers trying to eke a living are said to commit offences when parked in a non-designated area and can be sent to jail if they don’t come up with the resources to pay their way through. The above is a picture of what a less privileged family/ citizen in Nigeria deals with on a regular/daily basis.

Nigeria is a country with a population of about 180 million persons with over 70% of its population said to be poor. Nigeria recently ranked highest in poverty according to a report by the World poverty Clock released in June 2018.  This shows that the Nigerian criminal justice system cannot effectively cope in keeping with this high population with regard to arrest and prosecution nor does it have the prison to hold these persons.

As it stands today, Nigeria has about 75,000 persons in prison with about 60% of these persons awaiting trial. Those awaiting trial for petty offences account for a higher percentage of those awaiting trial. Petty offences are more to do with the poor and vulnerable who are often prone to these acts owing to economic dis empowerment. Petty actions like hawking, obtaining goods by false pretence, sex work, sexual expression, slander, conduct likely to cause a breach of the peace, use of insulting language, intake of alcohol in some Northern States, etc. are criminalised.

Petty offences are not only inconsistent with sections 34, 35, 41 and 42 of the Nigerian Constitution, which provide for right to dignity of human person, right to personal liberty, right to freedom of movement and right to freedom from discrimination respectively, but are equally inconsistent with Articles 2, 3, 5, 6 and 18 of the African Charter on Human and Peoples Rights duly ratified by Nigeria.

The effect is State resources are expended in rather needless investigations and prosecutions and the prisons congested. Good governance, more attention at economic empowerment and fighting corruption by Government will be more in focus if Government is not distracted by expending resources on petty offences that are criminalised. Petty offences have resulted in lack of justice for the poor, social discrimination sometimes with grave consequences.

We at Lawyers Alert strongly believes that decriminalising petty offences in Nigeria will aid development given the likelihood of more time and focus on development issues.

Based on the above, the following are recommendations;


  1. Laws/policy reform which is critical in decriminalising petty offences because the small actions that are made petty offences are being institutionalised by certain laws in Nigeria.
  2. State and Non- State Actors should be engaged. Majority are not aware of the effects of these laws, they have not been made to understand the importance of decriminalising petty offences and its effect on socio, economic welfare of the nation.
  3. Lawyers are to be encouraged to offer free legal services to victims of petty crimes rather than demand professional fees which the vulnerable and poor people who are the victims of petty offenses cannot afford.
  4. Continuous sensitization of the vulnerable and less privileged in the society. Lack of knowledge of human rights or where to get assistance when their rights are abused is part of the problem that institutionalizes petty offenses.
  5. Civil Society groups, the Media and other Human Rights Activists to embark on a campaign towards decriminalization of petty offenses in Nigeria. Petty offenses target the most vulnerable in the country; the poor, less privileged and uneducated.


Poverty is not a crime……

Human Right is for all…….

Decriminalizing petty offenses is a human rights issue….









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In Defence of Abuja Women;

In defence of Abuja women

on AUGUST 5, 2012 · in PERISCOPE
12:07 am


Reprieve may be on the way for Abuja women who have been at  the receiving end of alleged harassment by men of the Nigeria Police and Abuja Environmental Protection Board (AEPB), as a non-governmental organisation, Lawyers Alert Association, has dragged the Minister of the Federal Capital Territory, the Inspector General of Police and the Attorney General of the Federation, among others, to court to enforce the fundamental human rights of women in the FCT.

It would be recalled that following the announcement by the Abuja Environmental Protection Board that prostitution is illegal in the Federal Capital Territory, scores of women, some of them innocent, have been arrested on the grounds that they were ‘soliciting’ for men, especially when found in the evening unaccompanied by men.

In one particular incident that provoked outrage in the Federal Capital Territory, a banker had parked her car and went into a shopping mall to pick a few things. As she came out of the car, she was ‘arrested’ by men of the AEPB and the police; bundled into their pick- up van and was detained for two days before her employers intervened and got her released. Victims have been made to suffer untold indignities, including alleged rape by police men who arrest them for the mere fact that they venture to go out at night unaccompanied by men!

Worried by the harassment of the women folk because of the mere fact of their feminity, Lawyers Alert Association, led by Barrister Rommy Mom, instituted a case at the Federal High Court, Abuja, seeking an “order of perpetual injunction against the defendants to restrain them from the act of arrest of women in Abuja at night on suspicion of prostitution, as such action is without legal basis, unconstitutional, discriminatory and a violation of the human rights of women in Abuja”.

In an interview with Sunday Vanguard,  Mom noted that, apart from challenge faced by women generally, African women have suffered several cultural and social violation and inequality which  hampered their development. He appealed to the court to “send a clear signal that men in authority should not further seek to institutionalise this by passage of arbitrary orders and laws that will entrench these practices”, that have kept women in perpetual oppression.

In an originating summon, the plaintiff noted that the issues for determination was “whether the incessant harassment, intimidation and arrest of women in Abuja at night on suspicion of prostitution is not only unconstitutional but also a violation of women’s human rights”.

Quoting relevant sections of the constitution to buttress his point, Mom posited: “Movement is closely tied to liberty as women can constitutionally move freely in Nigeria whether in the day time or night time. Nothing differentiates the day and night for a particular set of citizens to be targeted at nights for arrest on being sighted. This is discriminatory and violates section 42(1) of the 1999 constitution”.

He argued further: “For women in Abuja to be subjected to arrest, purely on the grounds of their sex/gender at night in Abuja is discriminatory as men can and do move about without any molestation or harassment. We implore the court to note that these restrictions are pursuant to the executive orders of the 1st Defendant (Hon. Minister of the Federal Capital Territory).

“It is clearly  therefore without any basis for the directive of the 1st defendant, a male, to subject women to domination  by men, where men can conduct their businesses and other chores at nights without any fear of molestation, but women cannot, owing to fears of arrest and intimidation by agents of the 2nd  and 3rd defendants (Commissioner of Police FCT and the Inspector General of Police respectively)”.

On the argument that women being arrested is based on the war against prostitution in the FCT, the plaintiff noted: “Prostitution involves very direct act of soliciting. It is our submission that whatever law the defendants are premising their actions on violates the supremacy of the constitution of the Federal Republic of Nigeria 1999′.

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Posted by on August 6, 2012 in Women Rights and Gender


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