What do Nigerian laws say about arresting beggars?

While inaugurating a road project in Katamfe neighborhood in October, Mr. Wike said that the beggars are gradually turning the city of Abuja into a center for beggars.

“Let me make it clear to you that we have initiated the arrest of beggars, they are trying to make Abuja the center of beggars. If you know you have brothers who are begging in Abuja, stop them, because we will arrest them. It is a shame if we speak, the first thing they will see is beggars on the street”, said Nyesom. Wike.

But Abba Hikima said that although begging is not something he likes, he was not happy with the way people who are not beggars were arrested.

The lawyer also accused the catchers of beggars, of arresting people with small businesses and people with low income.

“In front of my eyes, the food sellers were arrested, the vendors of trays and the sellers of bananas and lemons were arrested, and unfortunately, the security officers also ate the bananas and lemons of the people they caught,” he said. told the BBC.

Abba Hikima said that this action taken by the minister is against the laws of Nigeria, because of the way he said that they are tortured during the arrest and where they are kept after their arrest.

This issue has caused a difference of opinion among lawyers and legal experts across the country, where some see the minister’s decision as legal, while others think his decision is against the law.

Lawyers are divided on the legality or illegality of the minister’s order to arrest the beggars.

Barrister Sanusi Musa SAN said that the laws of Nigeria prohibit begging, that is why he said that he did not see the minister of Abuja, on this step.

The attorney general said there are many laws that prohibit begging in Nigeria.

“For example, the Final Code which covers all the northern states of Nigeria, in which Abuja is located, provides for this. If you look at section 186 of this code, it prohibits begging and makes it a crime,” he said.

“Also, there is a law for the protection of children’s rights, which also prohibits begging minors, or using them for begging, and there is a law for the protection of the rights of persons with disabilities, which also prohibits the use of disabled people or other disabilities for begging. “, said the lawyer.

He added that when it comes to the law introduced by Wike, it is in line with the law.

He then called on the critics of Wike’s decision to stop politicizing the matter.

“I have been in Abuja for almost 20 years, and all previous governments have tried to stop begging, not for the first time.”

“The words of last year, both our Islamic scholars and our community agree that it is not a religious thing, so I think it is not right because someone who is ruling now is not a Muslim or a northerner. politics or sectarianism or ethnicity”.

The attorney general also complained about the use of minors in begging, especially in Abuja.

“There is violence and compassion, at 11 o’clock at night if you come by car, you will see small children begging on the streets. There is a place where I have seen Hausa women sleeping at the door of the Club with their daughters.” they are girls, because they have to beg for those who come to the Club”, he said.

Barrister Abba Hikima Fagge – who filed the complaint said that what is prohibited by Nigerian laws is begging on the streets, but in this order of the minister, the people are being chased from corner to corner and arrested.

The lawyer said that section 41 of the Nigerian constitution gives every citizen the right to go anywhere they want in the country to live without anyone’s permission.

“Also, section 35 says that every Nigerian has the right to travel, if a person chooses to walk on the street or sleep on the street, all this is not a crime”, said the lawyer.

Barrister El-Zubair Abubakar is an independent lawyer in the country, he also said that there is no law in Nigeria that prohibits begging across the country.

But he said there are calls by government officials and other agencies of the country to stop begging, because it is not a good thing.

The lawyer also said that in the past there were some states that prohibited begging, such as Kaduna, Kano and Plateau, but according to him, the laws are not working now.

Barista El-Zubair said that at the national level, the Nigerian parliament has not made any law that prohibits begging.

“However, people are being harassed to stop begging, where a Task Force has been established to prevent begging, which are not laws, so we should call them ‘Rules,’ because it is not made by the parliament. No, it is the laws that the authorities make to clean the city of Abuja, but there is no firm law that prohibits begging in Nigeria”, said Barista El-Zubair.

That is why he believes that the arrest of beggars in Abuja is against the law, because they have not committed any crime that is against the law of the federal government.

The lawyer said that if you want to arrest the beggars, then the resolution of the law should be taken to the legislature of the country so that it becomes a law.

“The resolution of the law should be sent to the parliament, and then the members of the council should discuss it until the steps are taken to ensure that the resolution becomes a law, then the president signs it, and then it becomes a law, then the beggars should be arrested.” they violated the law”, he said.