FCT Minister Nyesom Wike has told the Abuja Division of the Federal High Court that the increasing rate of scavengers, beggars, and homeless people in the FCT poses a serious security threat to residents.
Mr Wike, in a counter-affidavit filed in opposition to the case instituted on behalf of some vulnerable FCT residents, told Justice James Omotosho to dismiss the N500 million suit in its entirety.
The minister, who made this known in the counter affidavit deposed to by Saidu Abdulkadir, an officer in the Legal Services Secretariat, Federal Capital Territory Administration (FCTA), said begging is not a trade known to law.
The aggrieved residents, through their lawyer, Abba Hikima, had sued Mr Wike and the Inspector-General of Police (IGP) as the first and second respondents, demanding N500 million in damages over an alleged breach of their fundamental rights.
Mr Hikima, the applicant, also joined the director-general of the State Security Services (SSS), Nigeria Security and Civil Defence Corps (NSCDC), Attorney-General of the Federation (AGF), and the federal government of Nigeria as the third to sixth respondents, respectively.
The minister said many of the “purported scavengers” have been arrested in the various acts of vandalising private and public property and, in most cases, serve as spies to kidnappers, criminals and terrorist organisations.
“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 liters the streets of Abuja and threatens the environment and health of fellow citizens within the FCT,” he said.
He said it is a violation of the Abuja Environmental Protection Board (AEPB) Act,1997, for the applicant or any person to erect or construct any house, shed, kiosk or any other structure on an unauthorised place or in contravention of any plan or design, whether general or particular as may be prescribed by the appropriate authority.
He stated that it is a violation of the AEPB Act, 1997, for the applicant or any person to urinate or defecate in an unauthorised or open place and that it is his responsibility to enforce the Abuja Master Plan.
“The Abuja Master Plan is organised in an orderly manner with provision for every sector of the economy. There are provisions for residential areas, business areas, religious and marketplaces, 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 said.
According to him, 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 a great security threat.
The minister said he also has the responsibility to execute the Federal Environmental Protection Act and to address the welfare and social needs of the residents of the FCT.
Mr Wike said in view of the above, the FCT Vocational and Rehabilitation Centre in Bwari was established to train and equip these vulnerable individuals with skills to help them become self-dependent.
“Despite the efforts of the first 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 added.
Mr Wike denied breaching the fundamental rights of vulnerable people or dehumanising them in the FCT, saying there is no evidence of such extortion, maltreatment and detention before the court.
The minister said the so-called three vulnerable persons that Mr Hikima claimed to be enforcing their fundamental rights in his suit were faceless individuals, as he had not in any way shown that such persons existed.
The SSS, in a counter-affidavit deposed to by Musa Usman, an operative of the agency, denied all the allegations by Mr Hikima, adding that its operations are not at the behest of the FCT minister.
It said the agency neither arrested the deponent in the applicant’s affidavit, Musa Aliyu, or any other person at any time nor participated in any joint security operation with other sister security agencies on November 12, 2024, as alleged by the applicant.
It argued that the applicant failed to adduce any material evidence to prove his allegations against the service.
The NSCDC, in its counter-affidavit deposed to by Goodness Akomolafe, denied all the allegations, stating that 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 Mr Omotosho on behalf of the vulnerable residents.
Mr Hikima, in the suit dated November 19, 2024, but filed November 20, 2024, prayed for an order awarding N500 million as general and exemplary damages for the violation of the fundamental rights of the affected citizens.
He prayed the court to declare the arrest and detention of the affected persons as a violation of their rights. Additionally, he sought a declaration that Nigerians, regardless of their status, had the right to move freely in the FCT, including the right to sleep on public roads.
Mr Hikima averred that on November 12, 2024, at about 11:00 p.m., on the Ahmadu Bello Way in Abuja, he sighted a motorcade of joint task force security operatives and enforcement officers, including personnel of the military and police arresting numerous individuals, including hawkers of goods perceived as homeless persons, scavengers and beggars.
The lawyer urged the court to grant their reliefs in the interest of justice, to protect the fundamental rights of citizens, and to ensure accountability for the respondents’ actions.
(NAN)
