· Group that went to court unregistered, says splinter association
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By Sarah NEGEDU
The legal battle between the Minister of the Federal Capital Territory, Nyesom Wike, and scavengers operating in the FCT has taken a dramatic turn, as some scrap dealers seem to have taken sides with the minister against others members.
Some aggrieved persons including scavengers, beggars, petty traders, had sued the FCT Minister, the Inspector-General of Police, IGP Kayode Egbetokun, demanding N500 million in damages over an alleged breach of their fundamental rights.
The suit filed at the Federal High Court in Abuja on 20 November 2024, also listed the Nigeria Security and Civil Defence Corps, NSCDC, the State Security Service, SSS, the Attorney-General of the Federation and the Federal Government of Nigeria, as defendants in the case.
Human rights lawyer, Abba Hikima, filed the suit marked: FHC/ABJ/CS/1749/3024 before Justice Omotosho on behalf of the vulnerable residents.
Hikima, listed as the applicant, sued Wike, IGP, Director-General of the SSS and the CG of NSCDC as 1st to 4th respondents in his bid to stop the alleged arbitrary arrest of the vulnerable on Abuja streets.
He also joined the Attorney-General of the Federation and Federal Government of Nigeria as 5th to 6th respondents, respectively.
However, a group identified as the Association of Scavengers, Scrap Traders and Recyclers Abuja, have distanced themselves from the suit against the minister.
Chairman of the association, Muntari Mohammed, while dissociating the group from the lawsuit insisted that the complainants were unregistered scavengers.
Muntari, in a recent statement emphasised that the association is duly registered, with members with identity cards and transacting genuine business of waste gathering, buying of scrap items and recycling and has never been found wanting.
He added that the association had written to the SSS, and other relevant agencies to express their commitment to safety of critical infrastructure and adherence to stipulated FCTA rules and regulations.
The statement expressly stated that the chairman has “dissociated the association from a Federal high court suit instituted by beggars, scavengers and others against the FCT minister Nyesom Wike.”
According to them, “Even after the FCT Minister, Nyesom Wike, took some steps to ban scavenging activities as a result of some difficulties in identifying the difference that exists between honest scavengers, scrap traders and recyclers and vandals denting the reputation of the registered association, we have never and will never confront authorities of the FCT.
“We use this medium to dissociate ourselves from the federal high court suit.”
Also, the chairman of the amalgamated union of scrap traders in the FCT, Abbas Bello, distanced the union from scavengers, warning that any of its markets dealing with questionable items from them would be dealt with accordingly
Bello told the media that the union was currently registering all its members operating in Abuja using the guidelines provided by the FCT Administration.
One of the mechanisms the union said it has adopted is to sanction any of the markets found operating without due registration as agreed with the FCT Administration before the ban on them was lifted, recently.
Recall the Federal Capital Territory Administration, in January, banned scavengers from operating within the nation’s capital and ordered the immediate profiling of registered operators.
The then Commissioner of Police, Olatunji Disu, who announced this after the FCT Security Committee Meeting then, said the move had become necessary to check the activities of vandals in the capital city.
The scavengers were restricted to dumpsites located in the outskirts of the city and suburbs.
Wike also approved the closure of panteka markets for two weeks but was reopened after the major markets were profiled and registered with the relevant security agencies.
However, the suit filed against the FCT Minister asked the court to declare that “the arbitrary arrest, detention without charges, harassment and extortion of homeless persons, scavengers, petty traders, beggars and other vulnerable Nigerians resident in the FCT, constitute a violation of their fundamental rights.”
The rights, they said, are guaranteed under Sections 34, 35, 41 and 42 of the Nigerian constitution.
“A declaration that the treatment of vulnerable citizens, including verbal harassment, physical threats, extortion, and detention without charge, constitutes inhumane and degrading treatment contrary to Section 34 of the 1999 Constitution (as amended).
“A declaration that Nigerians regardless of their economic status, place, birth or appearance, have the liberty to move freely in the FCT, Abuja including the liberty to sleep on public roads without let, permission or hindrance whatsoever in accordance with the spirit and purpose of Sections 35, 41 and 42 of the Constitution.”
He sought “an order directing the respondents to issue a public apology to the affected individuals and Nigerian citizens at large for the inhumane, arbitrary and unconstitutional treatment meted on them pursuant to the directive of the 1st respondent (Wike) dated the 22nd October, 2024.
“An order mandating the respondents to set in motion and implement immediate policies and reforms, including public education for the realisation of the fundamental human rights of vulnerable Nigerians residing in Nigeria.”
The lawyer said the minister gave a directive for the arrest on October 22, 2024, and that it was in the guise of enforcing the directive that the joint task force was constituted to carry out the directive.
According to him, it is not a crime to be homeless, beg or embark on a petty trade in Nigeria.
