SaharaReporters learnt that the six women; Deji Ajare, Moji Ogunlana-Nkanga, Bamidele Jacobs, Jennifer Ogbogu, Miriam Orika, Chigoziem Onugha and Augusta Yaakugh, through their lawyers at the Sterling Law Centre, filed public interest suits seeking to enforce their fundamental human rights to personal liberty and freedom of movement.
The Federal High Court, Abuja, has ruled in favour of six women who were harassed and abused during raids by the Abuja Environmental Protection Board, the police and other security agents carried out in April 2019.
SaharaReporters learnt that the six women; Deji Ajare, Moji Ogunlana-Nkanga, Bamidele Jacobs, Jennifer Ogbogu, Miriam Orika, Chigoziem Onugha and Augusta Yaakugh, through their lawyers at the Sterling Law Centre, filed public interest suits seeking to enforce their fundamental human rights to personal liberty and freedom of movement.
After over two years of trial, Justice Evelyn Maha of the Federal High Court in her judgment on August 5, 2021, held that the arrest of the applicants without cause, the beating, molestation and dehumanising treatment and the detention of the applicants was a violation of the applicants’ rights as guaranteed under the Constitution of the Federal Republic of Nigeria.
The judge also awarded between N2million to N4million 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 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.
The court also Issued an injunction 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.
A mob of over 100 male state actors had on April 26, 2019 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.
The unfortunate event, a recurring decimal for women in the FCT, became known as the “Abuja Raids.”
The women, targeted because of their gender, had suffered sexual violations, physical and mental torture while in detention at Utako Police Station.
“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,” Tony Ojukwu, Executive Secretary of the National Human Rights Commission said.
Ojukwu added 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.
“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,” he added.
Similarly, Dr Ivana Radacic a member of the Working Group on Discrimination against Women and Girls hailed the decision of the Federal Court.