Article 34.1.
Every individual is entitled to respect for the dignity of his person, and accordingly-
a. no person shall be subject to torture or to inhuman or degrading treatment;
b. no person shall he held in slavery or servitude; and
c. no person shall be required to perform forced of compulsory labour.
2. For the purposes of subsection (1) (c) of this section, “forced or compulsory labour” does not include-
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of members of the armed forces of the Federation or the Nigeria Police Force in pursuance of their duties as such;
c. in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour required instead of such service;
d. any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community; or
e. any labour or service that forms part of-
i. normal communal or other civic obligations of the well-being of the community,
ii. such compulsory national service in the armed forces of the Federation as may be prescribed by an Act of the National Assembly, or
iii. such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly.Nigeria Constitution
Article 361.
Any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.
Article 365
Any person who unlawfully confines or detains another in any place against his will, or otherwise unlawfully deprives another of his personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for two years.
Article 366.
Subject to the provisions of the Trade Unions Act, any person who, with intent to prevent or hinder any other person from doing any act which he is lawfully entitled to do, or with intent to compel him to do any act which he is lawfully entitled to abstain from doing, or to abstain from doing any act which he is lawfully entitled to do--
(a) threatens such other person with injury to his person, reputation, or property, or to the person, reputation, or property of any one in whom he is interested; or
(b) persistently follows such other person about from place to place; or
(c) hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; or
(d) watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place; or
(e) follows such other person with two or more other persons in a disorderly manner in or through any street or road; or
(f) induces or attempts to induce that person to believe that he, or any person in whom he is interested, will become an object of displeasure to the Government of Nigeria or to any person employed in the public service of Nigeria;
is guilty of an offence and is liable on conviction to imprisonment for one year.
Article 369.
Any person who-
(1) deals or trades in, purchases, sells, transfers or takes any slave;
(2) deals or trades in, purchases, sells, transfers or takes any person in order or so that such person should be held or treated as a slave;
(3) places or receives any person in servitude as a pledge or security for debt whether then due and owing, or to be incurred or contingent, whether under the name of a pawn or by whatever other name such person may be called or known;
(4) conveys or induces any person to come within the limits of Nigeria in order or so that such person should be held, possessed, dealt or traded in, purchased, sold, or transferred as a slave, or be placed in servitude as a pledge or security for debt;
(5) conveys or sends or induces any person to go out of the limits of Nigeria in order or so that such person should be possessed, dealt or traded in, purchased, sold, or transferred as a slave, or be placed in servitude as a pledge or security for debt;
(6) whether or not a citizen of Nigeria holds or possesses in Nigeria any person as a slave;
(7) enters into any contract or agreement with or without consideration for doing any of the acts or accomplishing any of the purposes herein above enumerated;
is guilty of slave dealing and is liable to imprisonment for fourteen years.Nigeria Criminal Code
Article 13. Prohibition of trafficking in persons
(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.
Article 14. Importation and exportation of any person
Any person who -
(a) imports another person into Nigeria, knowing or having reason to know that the person will be forced or induced into prostitution or other forms of exploitation in Nigeria or while in transit; or
(b) exports another person from Nigeria, knowing or having reason to know, that the person will be forced or induced into prostitution or other forms of exploitation in the country to which the person is exported or while in transit;
commits an offence and is liable on conviction to imprisonment for a term of not less than 5 years and to a fine of not less than N1,000,000.00.
Article 15. Procurement of any person for the purpose of exploitation
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 than 5 years and to a fine of not less than N500,000.00.
Article 16. Abuse, procurement or recruitment of any person under 18 years for prostitution or other forms of exploitation
(1) Any person who procures or recruits any person under the age of 18 years to be subjected to prostitution or other forms of exploitation with himself, any person or persons, either in Nigeria or anywhere else, commits an offence and shall be liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00
(2) Any person who procures or recruits any person under the age of 18 years to be conveyed from his usual place of abode, knowing or having reasons to know that such a person may be subjected or induced into prostitution or other forms of exploitation in any place outside Nigeria, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.
Article 17. Procurement or recruitment of any person under the age of 18 for pornography or brothel
(1) Any person who -
(a) procures, recruits, uses or offers any person under the age of 18 years for the production of pornography or for pornographic performances; or
(b) allows a person under the age of 18 years to be harboured in a brothel,
commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.
(2) Notwithstanding the punishment prescribed in subsection (1) of this section, a convicted person under this Section shall in addition to the prescribed punishment be liable to a term of not less than 1 year imprisonment where he administered or stupefied the victim with any drug substance.
Article 18. Foreign travel which promotes prostitution or exploitation
Any person, who organizes, facilitates or promotes foreign travels, which promote prostitution or other forms of exploitation of any person or encourages such activity, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.
Article 19. Procurement or recruitment of any person under the age of 18 years for use in armed conflicts
Any person who traffics any person under the age 18years for the purpose of forced or compulsory recruitment for use in armed conflict, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00
Article 20. Procurement or recruitment of any person for organ harvesting
(1) Any person who -
(a) through force, deception, threat, debt bondage or any form of coercion-
(i) abuses a position of power or situation of dominance or authority arising from a given circumstance; or
(ii) abuses a vulnerable situation; or
(b) through the giving or receiving of payments or benefits; in order to induce or obtain the consent of a person directly or through another person who has control over him; enlists, transports, delivers, accommodates or takes in another person for the purpose of removing the person’s organs; commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N5,000,000.00.
(2) Without prejudice to the provisions of subsection (1) of this section, a person who procures or offers any person, assists or is involved in anyway –
(a) in the removal of human organs; or
(b) buying and selling of human organs,
commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N5,000,000.00.
(3) Any person who enlists, transports, delivers, accommodates or takes in another person under the age of 18 years, for the purpose of removing the person’s organs, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N5,000,000.00.
Article 21. Prohibition of buying or selling of human beings for the purpose of exploitation
Any person who buys, sells, hires, lets or otherwise obtains the possession or disposal of any person with intent, knowing it to be likely or having reasons to know that such a person will be subjected to exploitation, commits an offence and is liable on conviction to imprisonment for a term of not less than 5 years and to a fine of not less than N2,000,000.00.
Article 22. Forced labour
Any person who -
(a) requires, recruits, transports, harbours, receives or hires out a person to be used for forced labour within or outside Nigeria; or
(b) permits any place or premises to be used for the purpose of forced labour,
commits an offence and is liable on conviction to imprisonment for a term of not less than 5 years and to a fine of not less than N1,000,000.00.
Article 23. Employment of a child as domestic worker and inflicting grievous harm
(1) Any person who –
(a) employs, requires, recruits, transports, harbours, receives or hires out, a child under the age of 12 years as a domestic worker, commits an offence and is liable on conviction to imprisonment for a minimum term of 6 months and not exceeding 7 years;
(b) employs, requires, recruits, transports, harbours, receives or hires out, a child to do any work that is exploitative, injurious or hazardous to the physical, social and psychological development of the child, commits an offence and is liable on conviction to imprisonment for a minimum term of 2 years but not exceeding 7 years without an option of fine.
(2) Notwithstanding the punishment prescribed in subsection (1) of this Section, a convicted person under this section shall in addition to the prescribed punishment be liable to –
(i) a term of not less than 2 years imprisonment where the child is denied payment or reasonable compensation for services rendered;
(ii) a term of not less than 3 years where the child is defiled or inflicted with bodily harm.
Article 24. Trafficking in slaves
Any person who recruits, imports, exports, transfers, transports, buys, sells, disposes or in any way traffics in any person as a slave or accepts, receives, detains or harbours a person as a slave, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N2,000,000.00.
Article 25. Slave dealing
Any person who –
(a) deals, keeps, receives or harbours any person for the purpose of holding or treating that person as a slave;
(b)places, receives, harbours or holds any person as a pledge, pawn, in servitude or security for debt or benefits; whether due or to be incurred;
(c) transports, transfers or in any way induces any person to come into Nigeria in order to hold, possess, deal or treat such person as a slave or to be used as a pledge or security for debt; and
(d) enters into any contract or agreement with or without consideration for the purpose of doing or accomplishing any of the purposes enumerated in this section,
commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N2,000,000.00.
Article 27. Conspiracy
Any person who conspires with another to commit an offence under this Act is liable:
(a) where the offence is committed to the punishment provided for the commission of the offence; and
(b) where the offence is not committed, to a punishment which is half the punishment for the offence.
Article 29. Attempt to commit an offence under this Act
Any person who attempts to commit any offence under this Act shall be liable on conviction to half the punishment for the offence.Nigeria Trafficking in Persons Law
Article 73. Forced Labour
(1) Any person who requires any other person, or l permits any other person to be required, to perform forced labour contrary to section 31 (1) (c) of the Constitution of, the Federal Republic of Nigeria shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N1,000 or to imprisonment for a period not exceeding two years, or to both.
(2) Any person who, being a public officer, puts any constraint upon the population under his charge or upon any members thereof to work for any private individual, association or company shall be guilty of an offence and on conviction shall be liable to a fine not exceeding N200 or to imprisonment for a period not exceeding six months, or to both.Nigeria Labour Act
Paragraph 339
(Question I.1 (a) to (h)) such acts constitute criminal offences under S.369 of our Criminal Code Act and the punishment varies from 1-14 years.
Paragraph 78
To place or receive any person in servitude as a pledge or security for debt is, under section 369(3) of the Nigerian Criminal Code, punishable with imprisonment for fourteen years. By Order in Council No. 1 of 1945 all Native Courts in Oyo Province and 63 other Native Courts in the Western Region were empowered as from the 1st of March 1945 to enforce within their jurisdiction the provisions of this sub-section.
Paragraph
Under section 20 of the Constitution of the Federation, ‘no person shall be held in slavery or servitude and no person shall be required to perform forced labour’. It is an offence under Section 369 of the Criminal Code, Chap. 42 and similar provisions in the Regions for any person to deal or trade in, purchase, sell, transfer or take any slave or receive any person in servitude as a pledge or security for debt or to convey or send or induce any person to go out of the limits of Nigeria in order to be traded in as a slave. Any person found guilty under that provision is liable to imprisonment for 14 years.
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