The Federal High Court in Abuja has dismissed a suit seeking to legalize prostitution in Nigeria, describing it as an “immoral act” alien to the country’s cultural values. Justice James Omotosho, in his judgment, held that commercial sex workers are liable to be arrested and prosecuted for a jail term of up to two years under the Penal Code.

The court ruled that the applicants, a group of sex workers, had no legal rights to enjoy under any known law or the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The judge stated that the application was incompetent and did not fall within the confines of the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Justice Omotosho expressed disappointment that the applicants sought to protect prostitutes, saying, “This court wonders what kind of message the applicant is sending when it decided to bring an action to protect prostitutes.” He added, “A reasonable person would have expected that the applicant would instead occupy itself with developing the girl child and protecting the sanctity of womanhood instead of promoting immorality and the spread of sexual diseases.”

The judge emphasized that prostitution is “alien to our culture” and has never been part of Nigerian tradition. He cited the African Charter on Human and Peoples’ Rights, which allows nations to uphold their cultural values in interpreting human rights. Justice Omotosho also noted that even in some Western countries, prostitution is still seen as an immoral act, and in the United States, it is illegal in all but a few counties in Nevada.

The court ultimately held that the rights of prostitutes can be legally breached under Section 45 of the Constitution, which allows for the breach of a person’s rights on grounds of defense, public safety, public health, public order, and public morality. Justice Omotosho concluded, “I therefore hold that this application filed by the applicant has no basis and the rights claimed are unenforceable.”