This provision contains the prohibition of human trafficking under Nigerian legislation. It provides that all acts of human trafficking are prohibited in Nigeria, and defines human trafficking as the recruitment, transportation, harbouring or receipt of a person by means of threat or coercion, abduction, fraud, deception or abuse of power or a position of vulnerability or giving or receiving payments to a person having control over another person, for the purpose of exploitation of that person. This provision sets out a minimum penalty of two years of imprisonment and a 250,000 naira fine for all acts of trafficking.
Section 13 further criminalises aiding, abetting, assisting or facilitating any acts of human trafficking, but also failing or omitting to do “anything that is reasonably necessary to prevent an act of trafficking in persons”, as well as inducing another to commit a trafficking crime.
(1) All acts of human trafficking are prohibited in Nigeria.
(2) (i) Any person who recruits, transports, transfers, harbours or receives another person by
means of –
(a) threat or use of force or other forms of coercion;
(b) abduction, fraud, deception, abuse of power or of a position of vulnerability; or
(c) giving or receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation of that person,
commits an offence and is liable on conviction to imprisonment for a term of not less
than 2 years and to a fine of not less than N250,000.00
(ii) For the purpose of subsection (2) (i) (b), abuse of a position of vulnerability includes
intentionally using or otherwise taking advantage of an individual’s personal, situational or
circumstantial vulnerability to recruit, transport, transfer, habour or receive that person for the purpose of exploiting him or her, such that the person believes that submitting to the will of the abuser is the only real or acceptable option available to him or her and that this belief is
reasonable in the light of the victim’s situation.
(3) A person who in or outside Nigeria directly or indirectly –
(a) does, or threatens any act preparatory to or in furtherance of an act of trafficking in persons;
(b) omits to do anything that is reasonably necessary to prevent an act of trafficking in persons;
(c) assists or facilitates the activities of persons engaged in acts of trafficking in persons or is an accessory to any offence under this Act;
(d) procures any other person by any means whatsoever to commit an offence under this Act;
(e) participates as an accomplice in the commission of an offence under this Act; or
(f) promises or induces any other person by any means whatsoever to commit any of the offences referred to in this Act; commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than 2 years and to a fine of not less than N250,000.00.
(4) (a) the consent of a victim of trafficking in person to the intended exploitation set forth in the definition of trafficking in persons in this Act, shall be irrelevant where any of the means set forth in the definition has been used.
(b) the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, shall be considered trafficking in persons even if this does not involve any of the means set forth in the definition of trafficking in persons in this Act.
Law / 26th March 2015 / Nigeria / Trafficking in Persons (Prohibition) Enforcement and Administration Act
The Trafficking in Persons (Prohibition) Enforcement and Administration Act to Provide Measures Against Trafficking and for Related Matters (Trafficking in Persons Enforcement and Administration Act) was adopted in March 2015. The Act repealed the previous Trafficking in Persons (Prohibition) Law Enforcement and Administration Act of 2003. The 2003 Act represented the first attempt to develop a national legal framework to combat human trafficking in Nigeria, and established the National Agency for the Prohibition of Trafficking in Persons and Other Related Matters (NAPTIP), to enforce laws against trafficking in persons, investigate and prosecute persons suspected of being engaged in human trafficking and to oversee and coordinate matter related to human trafficking, as well as the rehabilitation and counseling of trafficked persons.
The new 2015 Act has attempted to correct a number of problematic areas identified in the 2003 legislation, including improving the consistency of penalties and removing the option for offenders to pay a fine instead of serving a prison sentence. The stated purposes of the Act are to: a) provide an effective and comprehensive legal and institutional framework for the prohibition, prevention, detection, prosecution and punishment of human trafficking and related offences in Nigeria; (b) protect victims of human trafficking; and (c) promote and facilitate national and international cooperation.