Court Awards N2.4 Million Against Abuja Environmental Protection Board, Police, For Harassing Six Women

The Federal High Court sitting in Abuja has ruled in favour of
six women who were harassed and abused during raids by the Abuja
Environmental Protection Board (AEPB), police and other law
enforcement agents in April 2019.

This is contained in a statement made available to
Nairalaw signed by about 58 Civil Society
Organizations.

The Group said on April 26th, 2019, a mob of over 100 male state
actors invaded clubs, hotels, supermarkets and other centres of
business in Abuja to round up women under the guise of arresting
sex workers.

It was alleged that the invasion was commissioned by Hajiya
Safiya Umar, the Acting Secretary Social Development Secretariat of
the FCT, a woman saddled with protecting persons within the FCT,
particularly women and children. This unfortunate event, a
recurring decimal for women in the FCT, became known as the ‘Abuja
Raids.’

That the women were targeted because of their gender and
suffered sexual violations, physical and mental torture while in
detention at Utako Police Station. Inspector Thomas Nzemeke, also
known as ‘Yellow’, physically assaulted a mother of a two-month-old
baby, a woman menstruating was denied access to sanitary towels,
and the women were stashed in most unsanitary conditions. They were
denied bail and legal representation between the 26th and 29th of
April 2019, infringing on their human rights. In this vein, in line
with the mandate of the National Human Rights Commission (NHRC), a
Special Investigative Panel on Sexual and Gender-Based Violence in
Nigeria on the incidents in Abuja and other parts of the country
was constituted.

The six women, through a team of lawyers comprising of Deji
Ajare, Mojirayo Ogunlana-Nkanga, Bamidele Jacobs, Jennifer Ogbogu,
Miriam Orika, Chigoziem Onugha, Martins Obono Augusta Yaakugh led
by Sterling Law Centre, filed public interest suits seeking to
enforce their fundamental human rights to personal liberty and
freedom of movement, right to personal dignity, freedom from
torture, freedom of association and freedom from discrimination.
The suits were filed with support from Lawyers Alert and the Open
Society Initiative for West Africa.

After over two years of trial, Justice Evelyn Maha of the
Federal High Court in her judgment on August 5th, 2021 held that
the arrest of the applicants without cause, the beating,
molestation and dehumanising treatment, the detention of the
applicants and the barring of the applicants from accessing legal
representation was a violation of the applicants’ rights as
guaranteed under the Constitution of the Federal Republic of
Nigeria.

Also, the court awarded between ₦2 million to ₦4 million in
damages against The Abuja Environmental Protection Board, the
Nigerian Security and Civil Defence Corps, the Inspector General of
Police and Inspector Thomas Nzemekwe AKA ‘Yellow’ in favour of the
six applicants.

The court further held that the 6th respondent, the Abuja
Environmental Protection Board, was presumptuous in its role and
acted ultra vires, beyond its scope and powers regarding the raids.
Therefore, an injunction was issued by the court restraining the
Police, Nigeria Security and Civil Defence Corps and other listed
respondents from arresting women in such circumstances and in a
manner that discriminates on the basis of gender.

Respondents in the suit were The Minister of the FCT, Federal
Capital Territory Administration, Federal Capital Development
Agency, Hajiya Safiya Umar, Acting Secretary Social Development
Secretariat of the FCT, Abuja Metropolitan Management Council,
Abuja Environmental Protection Board, Hassan Abubakar H.O.D Abuja
Environmental Protection Board, Eze Enya, Abuja Environmental
Protection Board, Nigeria Security and Civil Defence Corp,
Inspector-General of Police, Attorney General of the Federation,
Thomas Nzemekwe AKA ‘Yellow’
and Idayat Akanni Olaide (Chief Magistrate 1)

The Civil Society Actors hailed the judgement and described same
as significant in that “it asserts the human rights of every person
against gender-based violence, especially by state actors, which is
a persisting, well-documented fact. The judgment regarding the
discriminatory arrest of people based on their gender, particularly
the arrest of women in the streets and other places, becomes a
reference point for protecting women’s rights now and in the
future.”

According to them, freedom of movement is guaranteed by the
Constitution of the Federal Republic of Nigeria and can only be
restricted in exceptional circumstances clearly defined by law. The
court’s declaration that the actions of the AEPB, was unlawful and
had abrogated powers to itself and acted beyond its brief under its
establishing Act is poignant. Significantly, the court made an
order of perpetual injunction against the AEPB and other
respondents from further carrying out raids without an order of a
court.

On his part, the Executive Secretary of the NHRC, Tony Ojukwu,
said ‘History has once more been made in Abuja in the landmark
court judgements on the notorious raids of women and girls in the
streets of Abuja by the Abuja Environmental Protection Board and
other law enforcement agents.’ He highlighted that the landmark
judgements have ‘vindicated the position of civil society groups
and the Commission.’ He hoped that the judgement will serve as a
wakeup call for law enforcement agents to desist from further
inhuman raids and activities in such a way that violates the human
rights of citizens – as such will be resisted and challenged in the
courts of the land.

Similarly, Dr Ivana Radacic a member of the Working Group on
Discrimination against Women and Girls welcomes the decision of the
Federal Court. Not only does the judgement recognise violations of
the rights of the claimants and awards them the damages, it also
prohibits the relevant enforcement authorities from arresting women
in such circumstances and in the manner that discriminates on the
basis of gender, thus having a broad impact. The judgment
represents an important step in challenging impunity for violations
of the rights of sex workers, prevalent in many societies, and
recognising discriminatory impact of criminalisation of
prostitution on women.

Signatories to the statement are:
1. Abuja Global Shapers
2. Adopt A Goal
3. Aisha Yesufu
4. Alliances for Africa
5. Amnesty International Nigeria
6. ArewaMeToo
7. Avocats Sans Frontiers France
8. Bring Back Our Girls (BBOG)
9. Catherine Acholonu Research Centre
10. Centre for Impact Advocacy
11. Centre For Liberty
12. Centre LSD
13. Coalition For The Defence Of Nigeria Constitution &
Democracy
14. Community Life Project
15. Concerned Nigerians
16. Cyber Watch Initiative
17. Dinidari Foundation
18. Dorothy Njemenze Foundation
19. Education As A Vaccine
20. Emerge Women
21. Enough is Enough
22. FIDA Nigeria
23. Girl Child Africa
24. Girl Child Enlightenment And Intervention Centre
25. Global Rights
26. Haly Hope Foundation
27. Heartland Alliance International
28. Invictus Africa
29. Irose Foundation for Widows And Children
30. Jenon Pius Initiative
31. Lawyers Alert
32. Leadership Advancement Foundation
33. Legal Defence and Assistance Project (LEDAP)
34. Levite Solicitors & Arbitrators
35. Lex Initiative for Rights Advocacy and Development
36. M. O. N Legal
37. National Human Rights Commission (NHRC)
38. Nigeria Info FM,
39. Nigeria Sex Workers Association
40. Nigerian Feminist Forum
41. Network on Police Reform in Nigeria (NOPRIN)
42. Open Society Initiative for West Africa
43. Partners West Africa Nigeria
44. Partnership to Inspire Transform And Connect To HIV
Response
45. Policy and Legal Advocacy Centre
46. Raising New Voices
47. Rule of Law Development Foundation
48. SBM Intelligence
49. Shehu Musa Yar’Adua Foundation
50. Silverchip Consulting
51. Stand To End Rape
52. Sterling Centre For Law And Development
53. TechHer Nigeria
54. Women Advocates Research and Documentation Center
55. Women’s Health and Equal Rights Initiative
56. Yiaga Africa
57. Youth Concerned Development Foundation
58. Centre for Impact

For more information: Contact Deji Ajare- dejiajare@yahoo.com;
Mojirayo Ogunlana-Nkanga mojirayonkanga@gmail.com and Jennifer
Ogbogu ogbogu13@gmail.com

The Federal High Court sitting in Abuja has ruled in favour of
six women who were harassed and abused during raids by the Abuja
Environmental Protection Board (AEPB), police and other law
enforcement agents in April 2019.

This is contained in a statement made available to
Nairalaw signed by about 58 Civil Society
Organizations.

The Group said on April 26th, 2019, a mob of over 100 male state
actors invaded clubs, hotels, supermarkets and other centres of
business in Abuja to round up women under the guise of arresting
sex workers.

It was alleged that the invasion was commissioned by Hajiya
Safiya Umar, the Acting Secretary Social Development Secretariat of
the FCT, a woman saddled with protecting persons within the FCT,
particularly women and children. This unfortunate event, a
recurring decimal for women in the FCT, became known as the ‘Abuja
Raids.’

That the women were targeted because of their gender and
suffered sexual violations, physical and mental torture while in
detention at Utako Police Station. Inspector Thomas Nzemeke, also
known as ‘Yellow’, physically assaulted a mother of a two-month-old
baby, a woman menstruating was denied access to sanitary towels,
and the women were stashed in most unsanitary conditions. They were
denied bail and legal representation between the 26th and 29th of
April 2019, infringing on their human rights. In this vein, in line
with the mandate of the National Human Rights Commission (NHRC), a
Special Investigative Panel on Sexual and Gender-Based Violence in
Nigeria on the incidents in Abuja and other parts of the country
was constituted.

The six women, through a team of lawyers comprising of Deji
Ajare, Mojirayo Ogunlana-Nkanga, Bamidele Jacobs, Jennifer Ogbogu,
Miriam Orika, Chigoziem Onugha, Martins Obono Augusta Yaakugh led
by Sterling Law Centre, filed public interest suits seeking to
enforce their fundamental human rights to personal liberty and
freedom of movement, right to personal dignity, freedom from
torture, freedom of association and freedom from discrimination.
The suits were filed with support from Lawyers Alert and the Open
Society Initiative for West Africa.

After over two years of trial, Justice Evelyn Maha of the
Federal High Court in her judgment on August 5th, 2021 held that
the arrest of the applicants without cause, the beating,
molestation and dehumanising treatment, the detention of the
applicants and the barring of the applicants from accessing legal
representation was a violation of the applicants’ rights as
guaranteed under the Constitution of the Federal Republic of
Nigeria.

Also, the court awarded between ₦2 million to ₦4 million in
damages against The Abuja Environmental Protection Board, the
Nigerian Security and Civil Defence Corps, the Inspector General of
Police and Inspector Thomas Nzemekwe AKA ‘Yellow’ in favour of the
six applicants.

The court further held that the 6th respondent, the Abuja
Environmental Protection Board, was presumptuous in its role and
acted ultra vires, beyond its scope and powers regarding the raids.
Therefore, an injunction was issued by the court restraining the
Police, Nigeria Security and Civil Defence Corps and other listed
respondents from arresting women in such circumstances and in a
manner that discriminates on the basis of gender.

Respondents in the suit were The Minister of the FCT, Federal
Capital Territory Administration, Federal Capital Development
Agency, Hajiya Safiya Umar, Acting Secretary Social Development
Secretariat of the FCT, Abuja Metropolitan Management Council,
Abuja Environmental Protection Board, Hassan Abubakar H.O.D Abuja
Environmental Protection Board, Eze Enya, Abuja Environmental
Protection Board, Nigeria Security and Civil Defence Corp,
Inspector-General of Police, Attorney General of the Federation,
Thomas Nzemekwe AKA ‘Yellow’
and Idayat Akanni Olaide (Chief Magistrate 1)

The Civil Society Actors hailed the judgement and described same
as significant in that “it asserts the human rights of every person
against gender-based violence, especially by state actors, which is
a persisting, well-documented fact. The judgment regarding the
discriminatory arrest of people based on their gender, particularly
the arrest of women in the streets and other places, becomes a
reference point for protecting women’s rights now and in the
future.”

According to them, freedom of movement is guaranteed by the
Constitution of the Federal Republic of Nigeria and can only be
restricted in exceptional circumstances clearly defined by law. The
court’s declaration that the actions of the AEPB, was unlawful and
had abrogated powers to itself and acted beyond its brief under its
establishing Act is poignant. Significantly, the court made an
order of perpetual injunction against the AEPB and other
respondents from further carrying out raids without an order of a
court.

On his part, the Executive Secretary of the NHRC, Tony Ojukwu,
said ‘History has once more been made in Abuja in the landmark
court judgements on the notorious raids of women and girls in the
streets of Abuja by the Abuja Environmental Protection Board and
other law enforcement agents.’ He highlighted that the landmark
judgements have ‘vindicated the position of civil society groups
and the Commission.’ He hoped that the judgement will serve as a
wakeup call for law enforcement agents to desist from further
inhuman raids and activities in such a way that violates the human
rights of citizens – as such will be resisted and challenged in the
courts of the land.

Similarly, Dr Ivana Radacic a member of the Working Group on
Discrimination against Women and Girls welcomes the decision of the
Federal Court. Not only does the judgement recognise violations of
the rights of the claimants and awards them the damages, it also
prohibits the relevant enforcement authorities from arresting women
in such circumstances and in the manner that discriminates on the
basis of gender, thus having a broad impact. The judgment
represents an important step in challenging impunity for violations
of the rights of sex workers, prevalent in many societies, and
recognising discriminatory impact of criminalisation of
prostitution on women.

Signatories to the statement are:
1. Abuja Global Shapers
2. Adopt A Goal
3. Aisha Yesufu
4. Alliances for Africa
5. Amnesty International Nigeria
6. ArewaMeToo
7. Avocats Sans Frontiers France
8. Bring Back Our Girls (BBOG)
9. Catherine Acholonu Research Centre
10. Centre for Impact Advocacy
11. Centre For Liberty
12. Centre LSD
13. Coalition For The Defence Of Nigeria Constitution &
Democracy
14. Community Life Project
15. Concerned Nigerians
16. Cyber Watch Initiative
17. Dinidari Foundation
18. Dorothy Njemenze Foundation
19. Education As A Vaccine
20. Emerge Women
21. Enough is Enough
22. FIDA Nigeria
23. Girl Child Africa
24. Girl Child Enlightenment And Intervention Centre
25. Global Rights
26. Haly Hope Foundation
27. Heartland Alliance International
28. Invictus Africa
29. Irose Foundation for Widows And Children
30. Jenon Pius Initiative
31. Lawyers Alert
32. Leadership Advancement Foundation
33. Legal Defence and Assistance Project (LEDAP)
34. Levite Solicitors & Arbitrators
35. Lex Initiative for Rights Advocacy and Development
36. M. O. N Legal
37. National Human Rights Commission (NHRC)
38. Nigeria Info FM,
39. Nigeria Sex Workers Association
40. Nigerian Feminist Forum
41. Network on Police Reform in Nigeria (NOPRIN)
42. Open Society Initiative for West Africa
43. Partners West Africa Nigeria
44. Partnership to Inspire Transform And Connect To HIV
Response
45. Policy and Legal Advocacy Centre
46. Raising New Voices
47. Rule of Law Development Foundation
48. SBM Intelligence
49. Shehu Musa Yar’Adua Foundation
50. Silverchip Consulting
51. Stand To End Rape
52. Sterling Centre For Law And Development
53. TechHer Nigeria
54. Women Advocates Research and Documentation Center
55. Women’s Health and Equal Rights Initiative
56. Yiaga Africa
57. Youth Concerned Development Foundation
58. Centre for Impact

For more information: Contact Deji Ajare- dejiajare@yahoo.com;
Mojirayo Ogunlana-Nkanga mojirayonkanga@gmail.com and Jennifer
Ogbogu ogbogu13@gmail.com