Court dismisses scavengers, beggars’ N500m right suit against Wike, others

Court dismisses scavengers, beggars’ N500m right suit against Wike, others

The Federal High Court in Abuja has dismissed the N500 million suit filed by some vulnerable FCT residents, including scavengers, beggars, petty traders, against the Minister, Nyesom Wike.

Justice James Omotosho, in a judgment, held that the suit filed by their lawyer, Abba Hikima, to enforce their fundamental rights, lacked merit.

The judge further held that the only evidence attached to the suit by the applicants’ were online copies of newspaper reports which were not certified by the National Library in line with Section 156 of the Evidence Act.

“In relying on newspaper reports, a party cannot just print or buy a newspaper from vendor and bring it to court without being certified by National Library,” he said, adding that a newspaper report could be forged or doctored with the aim of seeking reliefs.

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“This court will not waste its time relying on newspaper reports to prove the truth of the contents therein.
“It is hearsay evidence and no probative value will be ascribed to it.

“This is a reasonable principle of law as allowing parties to rely on newspaper reports as basis for their suit will open a floodgate of litigations as all manner of persons would rush to court to file frivolous suits based on newspaper reports which may not be accurate.

“Thus the suit of the applicant is bound to fail,” he said.

Justice Omotosho also observed that the plaintiff could not name a single officer or agent of the defendants who violated the rights of the vulnerable persons or who participated in the said raid on the said date.

According to the judge, I must say here that the burden to prove the breach of fundamental rights lies on the applicant.

“In the instant case, the appellants had the onus of proving by credible affidavit evidence that their fundamental rights were breached, but they failed woefully to do so,” he said.

Court dismisses scavengers, beggars’ N500m right suit against Wike, others