Section 15

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Human trafficking

Section 15 criminalises the act of procurement of a person for the purpose of exploitation, and penalises this crime with a minimum of  5 years of imprisonment and a minimum fine of 500,000 naira. It includes force, deception, threat, coercion and debt bondage as the means by which an offender may procure a person for exploitation by causing or induce a person to move, or by keeping, detaining, or harbouring the person with the intent, knowledge, or having reason to know that the person is likely to be forced or induced into prostitution or other forms of exploitation.

Notes

Section 81 of the Act clarifies that “exploitation” shall include, at a minimum, sexual exploitation, deprivation of the offspring of any person, forced labour or
services or practices similar to slavery, servitude or the removal of organs.

Text

Section 15

Any person who by the use of force, deception, threat, coercion, debt bondage (immediate or in the near future) or any means whatsoever –
(a) causes or induces any person to be conveyed from his usual place of abode or from one place to another, knowing or having reason to know that such person is likely to be forced or induced into prostitution or other forms of exploitation with or by any person or an animal; or
(b) keeps, detains or harbours any other person with intent, knowing or having reason
to know that such a person is likely to be forced or induced into prostitution or other
forms of exploitation with or by any person or an animal, commits an offence and is liable on conviction to imprisonment for not less than5 years and to a fine of not less than N500,000.00.

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 The Act repealed the previous Trafficking in Persons (Prohibition) Law Enforcement and Administration Act of 2003.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.