THE MENACE OF CHILD TRAFFICKING AND ABUSE IN NIGERIA*

ABSTRACT

Child trafficking, that is, illegal human trade and abuses of a child are events and occurrences
which are aimed at exploiting and taking advantage of the child. This is facilitated through
coercion, deception, abduction and the use of force, for acts, such as forced labour, commercial
sex or sexual exploitation; hence, precluding the child from basic human rights. In the 1900s when
the awareness started on Child trafficking and abuse, the focus was predicated only upon anti-
child labour and anti-sex trafficking movements. However, since 2005, child trafficking and abuse
have been tied to child slavery and together they have the consequences of causing death and
psychological and physical damage to the child. This trafficking and slavery are sponsored by a
lack of employment opportunities, corruption in government, political instability, armed conflicts,
etc. Significantly, statistics show that the female child in Nigeria is subject to sexual exploitation
within and outside Nigeria whereas the male children are subjected to the servitude of masters
which in turn denies them the apparent benefit of staying with their parents or in a democratic
society where their rights are protected and maintained. This paper considers and engages the
extant laws which delimit carrying out acts such as can be rightly termed as “child trafficking and
abuse” and the shortcomings of the various governmental and non-governmental agencies
responsible.Finally, this paper suggests the establishment and training of the key players in this
sector such as Nigerian immigration, police, etc in the practice of combatting trafficking. Also,
this paper suggests training of the judiciary on matters bordering on child trafficking in case of
witnesses and safety for the child from discrimination. In furtherance, the laws Criminal code and
penal code be amended, etc. to obviate the menace associated with child trafficking and abuse in
Nigeria.

Keywords: Child trafficking, Child Slavery, Child Abuse, Exploitation, etc.

INTRODUCTION

1.0 BACKGROUND TO THE STUDY

All over the world, human trafficking and more importantly, child trafficking remains a

phenomenon occurring across both the developed and developing countries. The significant

indication that makes child trafficking traumatic is the fact that children are at base a vulnerable

group and trafficking is a phenomenon which compounds this vulnerability by grossly violating

1
their rights and threatening their survival and development 1. The effect of this view is that child

trafficking fundamentally entails denying children’s rights to protection from abuse, exploitation,

health and education among others. Trafficking is not a new phenomenon in Nigeria. It comes with

a new trend that’s hard to quantify; children are traffic within and outside Nigeria for many

purposes. Furthermore, internally most of the victims are children 2whose numbers are not known 3;

it comes with a new trend called baby factory which promotes trafficking in Nigeria4. It is, in fact,

argued that the total number of trafficked victims is two times that of olden days' slavery, hence

the need to review its impact on the population.5

Trafficking children is an exploitative act that jeopardizes child survival. Exploitation refers to the

use of a person or his properties (resources) for personal gains or benefits. In an economic point

of view, exploitation refers to a central concept in which an institution or organization treats a

human being as a resource, with little or no consideration to their wellbeing6. Furthermore, the use

of a child for personal gain or benefit sexually is called child sexual exploitation and in 1996, the

world congress in Stockholm defined commercial sexual exploitation of children as sexual abuse

* Joshua Chinemerem, Chiori, Law Graduate, Faculty of Law, Lagos State University, Ojo. Phone:
+2348155943161, +2348142094308. Email: chiorijosh@gmail.com; chiorijoshua@gmail.com.
1Bello, P. &Olutolu, A. ‘Criminal justice response to human trafficking in Nigeria and South Africa: Suggestions for

effective performance’, Contemporary Justice Review, (2015) volume 21, page 140 -158.
2Hassan, M. (2012). ‘Curbing the menace of human trafficking'. PM News. Available at
http://www.pmnewsnigeria.com/2012/02/23/curbing-the-menace-of-human-trafficking-mamudhassan/ (Accessed:
25th October, 2022).
3
Konstantopoulos, W.M., Ahn, R., Alpert, E.J., Cafferty, E., McGahan, A., Williams, T.P., Castor, J.P., Wolferstan,
N., Purcell, G., and Burke, T.F. ‘An international Comparative Public Health Analysis of Sex Trafficking of Women
and Girls in Eight Cities: Achieving a more effective Health Sector Response' Journal of Urban Health’Bulletin of the
New York Academy of Medicine, (2013) Vol 90 (6), pp.1198-1199. Available at:
https://scholar.google.co.uk/scholar?hl=en&q=an+international+comparative+public+health+analysis+of+sex+traffi
cking+of+women+and+girls+in+eight+cities&btnG=&as_sdt=1%2C5&as_sdtp (Accessed: 25th October, 2022).
4Makinde, O.A. Infant Trafficking and Baby Factories: A new tale of child trafficking in. Nigeria' (2015) Child

Abuse. Review, 24(5), pp

5 Bales, K., &Soodalter. “The slave next door. Los Angeles, CA” (2009) University of California Press. Available at:

http://www.ucpress.edu/ebook.php?isbn=9780520942998 (Accessed: 28th October, 2015).

6Salihu, S. and Ajio, D.K, “Child Exploitation in the 21st Century”, (2009) Jos University press, Jos.

2
by the adult and remuneration in cash or kind to the child or a third person or persons7. The child

is treated as a sexual object and as a commercial object". As a matter of international law, a child

as a young human being who is below 18 years old 8. Correspondingly, The International Covenant

on Civil and Political Rights (ICCPR)"states that every child shall have the rights to such measures

of protection as are required by his status as a minor on the part of his family, society, and the

state".9

Children are traffic within and outside Nigeria for the purpose of exploitation and as a problem,

child trafficking has proven difficult to curb and remains a global menace because of its stature as

a profitable criminal activity. Child trafficking is ranked among the most profitable criminal

activities in the world with a major component being the forcing of children into prostitution and

other illicit sexual activities. The brutality associated with the whole concept of trafficking has

brought it to prominence in recent years because the different forms which trafficking takes are

akin to slavery in the form of debt bondage and forced labour. Basically, child trafficking occurs

in two dimensions; the internal and the external and an understanding of these dimensions is

necessary when trafficking is considered in the context of a developing country like Nigeria. The

internal dimension of child trafficking revolves around situations in which young children are

uprooted by agents or intermediaries or even loosely organized crime networks from rural

environments to urban centers. These children are mainly utilized as house- helps and do not

receive direct payments for services rendered and this practice is considered traditional in African

countries and signals the effects of wide income and socioeconomic differentials among members

7 Cameron, G., Sayer, E.M., Thompson, L., and Wilson, S. ‘Child Sexual Exploitation: A Study of International
Comparisons', (2015) Virtual Staff College Available at: http://www.virtualstaffcollege.co.uk/wp-
content/uploads/CSE_main_final_publish_1.0.pdf (Accessed: 25th October, 2022).
8The United Nation Convention on the right of a child (1989).
9 ICCPR, Article 24 1966

3
of a particular kin or extended family 10. The internal dimension of child trafficking also revolves

around payments being made to agents or intermediaries in exchange for the services of such

children. The external dimension explains the trafficking of children outside the borders of the

country through a coordinated and often labyrinthine system of intermediaries, agents and

traffickers. While the internal dimension of trafficking revolves around payments for services

exchanged albeit indirectly, the external dimension often involves victims agreeing to reimburse

their traffickers the traffic expenses incurred in the course of their travel. While efforts towards

legal reform as pertaining to children’s rights and anomalies such as child trafficking abound in

past years, the trend continues to accelerate. This is a problem of acute dimensions, especially in

a country like Nigeria where socioeconomic factors predispose children to trafficking and where

legal action remains the surest deterrent against the eroding of the rights of trafficked children.

However, there has not been a meeting point between the socio-economical and the legal action

dimension to be effectively used to tackle this menace. This has largely generated mixed results

because of the influence of social, cultural and traditional factors which these legal frameworks do

not deal with where not considered. The implication of this is the lack of congruence between

societal perceptions of children’s rights and the governance of such rights which in turn have

created a situation in which law and policy responses are ineffective. United States Office to

monitor and combat trafficking in persons, “2019 TIP” reported that although there is no

comprehensive report on child trafficking, Nigeria was ranked a “Tier Two,” down from “Tier

Two Watchlist” country 11. This meant that it does not fully meet the minimum standards for the

10Diriwari,
W. O. Efficacy of the legal frameworks for child protection in Nigeria (2016). Unpublished PhD thesis
Submitted to the Department of Politics, History and the Brunel Law School.
11
Adesina, O.S. (2014) ‘modern day slavery: poverty and child trafficking in Nigeria' African Identities, 12(2), pp.165-
179. [Online]. Available at: http://www.tandfonline.com/doi/pdf/10.1080/14725843.2014.881278
Accessed: 25th November, 2022.

4
elimination of trafficking; although, it is making progress. The progress noted in the report relates

to increased anti-trafficking law enforcement efforts and the report notes that “the government

decreased efforts to identify and protect trafficking victims”12.

1.1 STATEMENT OF PROBLEM

The fact that children are trafficked from Nigeria to other parts of the world not just as sex workers

but also as forced beggars, domestic servants and market traders. This has severe consequences on

individual and state as a whole as it is, therefore, a threat to human dignity and self-worth. The

response to child trafficking from law enforcement agencies reflects deep reluctance to address the

vice.

There is need for more pragmatic steps to be taken to stabilize security while addressing the

fundamental rights of the victims.From the foregoing, it is, therefore, pertinent to investigate the

role the government play or should play; aside creating the legal framework of child trafficking

and attempts to analyze the context in which the government can improve its response to the

menace while considering socio-economic factors.

1.2 AIM AND OBJECTIVES OF THE STUDY

The aims and objectives of this study is as follows:

i. To examine the root causes of child trafficking in Nigeria

ii. To scrutinize the effect child trafficking has on the minor as well as the society at large

iii. To enquire into the origin and development of child trafficking in Nigeria

iv. To provide lasting solutions to the problem of child trafficking

12 Ibid.

5
1.3 RESEARCH QUESTION

The research questions are:

i. What makes up the indices of child trafficking in Nigeria?

ii. What are the positions of the legal framework with respect to child trafficking in Nigeria?

iii. Are the legal frameworksprotecting the rights of a child effective in bringing about the

protection of a child’s rights?

iv. If no, what are the likely reforms which are significant in guaranteeing the rights of a child

in Nigeria, with respect to other jurisdictions?

1.4 SCOPE AND LIMITATION OF THE STUDY

The Scope of this paper is characterized with the meaning and method through which child

trafficking is perpetrated in Nigeria, with recourse to the legal framework applicable in Nigeria,

although, for comparative reasons, other jurisdictions framework on child trafficking will be

enquired into to show the status of these laws in guaranteeing the rights of a minor. This work is

also limited to the effect, causes and remedies of child trafficking in Nigeria, generally.

1.5SIGNIFICANCE OF THE STUDY

This work is important because it reveals the challenges minors face in trafficking and reflects the

legislative cum judicial approach in curbing the issues surrounding this area. Without an iota of

doubt, children or perhaps minors are faced with replete circumstances which they cannot help but

comply with and these situations are garnished with several limitations on the rights of the child.

6
What this reveals is that, minors are used for hawking, sex, war, child soldier, etc. among many

others, these are flagrant violation of their human rights and in many cases are without repercussion

because they are oftentimes under-reported.

Hence, this work is an eye opener to what constitutes Child trafficking within the extant laws in

Nigeria and the implication, too. This work also provided a wide-angle lens view of the

circumstances which are not actively engaged in Nigeria and the comparative differences with

other climes.

1.6 RESEARCH METHODOLOGY

This paper aims to examine the situation in the country to outline specific responses that could be

put in place to curtail the menace. We adopted a qualitative search of literature from relevant

databases, to extract available evidence that can be used to meet the aim of the review. Hence, data

were drawn from previous studies, literatures and online information. These sources and materials

were gathered, analyzed and evaluated with adequate consideration on the subject of research.

Therefore, this work’s worth is built mostly on the work done by others.

1.7 LITERATURE REVIEW

Legal or non-legal Writers are not complacent about the menace of child trafficking and the

resultant effect on the society as well as on the child. It is without an iota of doubt that the need to

engage other works written by other writers is replete and chief amongst it is to elucidate the

ingredients which they have added to their broth and find out whether the aroma emitting from the

broth matches with the taste; with this, this works quest is to comparative deduct the essence which

can be gleaned from the literatures which have been written establishing their standpoints and

7
perhaps reacting to such provisions where that provision is inconsistent or impracticable. Focusing

on this, this review will begin with the work of Amos OjoAdedeji.13

In his work emphasis was made on the factors which encourages and abets child trafficking and

they are the “Push and Pull” factor. The push factor, which compels victims to flee their homes in

search of better chances and peer pressure, and the pull element, which lures minors voluntarily to

locations with more modern lifestyles, have been identified as two major parameters that

encourage child trafficking. The work explains that notwithstanding the promulgation of laws such

as the Childs Rights Act (2003), Trafficking in Persons (Prohibition) law enforcement and

Administration Act (2003), etc. the menace of child trafficking still persists and strides against the

face of law. The implication of this is that, the case is not that legislations are scarce as hen’s teeth,

instead, there are replete legislations, however, the case is that they are perhaps not active in

clamping down on traffickers and they (traffickers) take full advantage of such complacency. The

writer further establishes the indices for the continued flourishing of this illegality and they are:

illiteracy, poverty, war and conflict, weak legal system, high profit, globalization, lack of adequate

information and family factor. The work further explains the cross purposes of child trafficking

particularly in Nigeria and it consist of; sexual exploitation, forced labour, recruitment of child

soldiers, forced marriage, organ harvesting and illicit adoption with the effect of not only personal

injuries but damages to the society at large. This has a ripple effect on the psychology of these

13
Amos OjoAdedeji, “The Social-Economic Impact of Child Trafficking On Human Security in Nigeria”International
Journal of Advanced Multidisciplinary Scientific Research (2022) Vol 5, Issue 1.
<https://doi.org/10.31426/ijamsr.2022.5.1.5011> accessed 25th November, 2022.

8
minors who are the victims of this enterprise. These effects are replete and can be observed in the

following ways; denial of access to education, drug and sexual abuse, bad international image for

the nation, with respect to the non-performance of its laws, negative impact on productivity, crime

promotion, etc. I must however include that this work failed to reveal how that not only the

legislature is responsible for the protection of the rights of a child and how a major stakeholder in

the protection of the rights – the judiciary was not researched at all. In this work, no judicial

authority was adduced to establish the position of the Nigerian court in matters that concerns child

trafficking or exploitation.

To GarbaUmaruKwagyang and Nik Ahmad Kamal Nik Mahmood, 14 the focus of child trafficking

was viewed from the religious perspectives in Islam which sponsors the Almajiris led by Mallams.

The work revealed that Child trafficking is defined as a trade in human being for domestic, sexual,

reproductive, labour and other purposes. It was also defined as the commercial trade "smuggling"

of human beings and that the act of child trafficking is usually done in secrecy and it is difficult to

detect. The work further explains that the word "Almajiri" was derived from the Arabic word

"Almuhajirun" meaning an emigrant. Muslims faithful are enjoined to seek knowledge from

outside their home and this historically, helps to empower children with Islamic knowledge. In

recent years, however, this practice is now being abused. Some of the religious tutors (malams)

take more pupils than they can care for and then the children are made to beg for survival. In

addition, this work attributed the factors responsible for child trafficking to the push and pull factor

14
GarbaUmaruKwagyang, Nik Ahmad Kamal Nik Mahmood “Child Trafficking and Religion: A Case Study of
Almajiri Education in Northern Nigeria”International Journal of Business, Economics and Law, (2015) Vol. 8,
Issue 4.

9
and enumerated in a broader context the indices which includes but not limited to poverty,

unemployment, broken homes, etc.

GarbaUmaruKwagyang and Nik Ahmad Kamal Nik Mahmood explains further that Nigeria has

some of the toughest child trafficking laws in the world, but they have not been effective in tackling

emerging forms of child trafficking such as Almajiri syndrome. The general performance of these

laws has not been encouraging because they have failed to address emerging form of

child trafficking such as Almajiri Syndrome. Trafficking in Person Prohibition Law Enforcement

and Administration Act specifically aims at criminalizing human trafficking including children. In

order to protect the rights of Nigerian children in Northern Nigeria while they take lessons about

Islam through the Almajiri system of education, the work examined the idea that the Almajiri

system of education in Northern Nigeria represents a form of child trafficking, as well as its

implications for Nigerian children. It concluded with a recommendation that a law be enacted to

control the application of this practice in Northern Nigeria.

To GarbaUmaruKwagyang, Mu’azuAbdullahiSaulawa, Kamal Alhaji Daud, 15 The act of

"trafficking" is defined as "the recruitment, transportation, transfer, harbouring, or receipt of

persons by means of threat, use of force, or other forms of coercion, abduction, fraud, deception,

abuse of power over a position of vulnerability, or giving or receiving of payments or benefits to

obtain the consent of a person having control over another person for the purpose of exploitation."

Exploitation, at the very least, refers to the prostitution of others or other types of sexual

15GarbaUmaruKwagyang, Mu’azuAbdullahiSaulawa, Kamal Alhaji Daud“Child trafficking in Nigeria: Causes,

consequences and the way forward” European Law Review (2012) vol. 4; Issue 2; Page No. 17-26.
<https://docplayer.net/92993372-Child-trafficking-in-nigeria-causes-consequences-and-the-way-forward.html>
accessed on the 26th November, 2022.

10
exploitation, forced labour or services, slavery or acts that are similar to slavery, servitude, or

organ harvesting. This means that all three of the following conditions must be met for a behaviour

to qualify as trafficking and they are; The Act (What is done) recruiting, moving, transferring,

harbouring, or accepting individuals, The Methods (How it is done) Threats or use of force,

coercion, kidnapping, fraud, deception, abuse of power or vulnerability, or providing money or

benefits to someone who has the victim under their control, The Reason (Why It Is Done) For the

sake of exploitation, which includes exploiting other people's prostitution, sexual exploitation,

forced labour, slavery, or other similar acts, as well as the removal of organs.

The work made an attempt not to only name the factors responsible for trafficking but to explain

them and in doing so, it established first the Pull factor which stands for the elements that drive

children to leave their homes in search of new opportunities. People typically leave a region in

search of a better life elsewhere when this happens. Most frequently, larger cities are the final

destination of that migration. The majority of Nigeria's population lives in rural areas that are not

industrialised. There aren't many employment options or higher education institutions. As a result,

even if the child gets some education up to secondary school, there won't be any jobs or other

institutions for them to attend when they finish school. The majority of parents are unable to

provide for and adequately feed their families due to the current economic climate. As a result,

Parents subject their kids to a variety of labour practices. The factors include but not limited to bad

economic condition such as poverty; unemployment; broken homes; peer pressure; lack of

infrastructure; weak legal frame work; insecurity; restrictive immigration policies and law

enforcement mechanisms are also contributors. The next factor being the Push factor, unlike the

Pull factor explains a situation in which children are drawn on their own to leave their homes and

travel to a location with less extreme poverty. This could be due to a need for low-skilled labour,

11
high profit, legal risk, and so on. In this context, the rapid spread of broadcast and

telecommunication media, including the Internet, across the developing world may have increased

the desire to migrate to developed countries, as well as the vulnerability of would-be migrants to

traffickers. The push factors are the conditions that facilitate child trafficking in the broader

context.

The work further explains that Apart from the fact that Nigeria is a member and signatory to many

International Labour Organization (ILO) instruments, and has adopted Convention 182 on the

Elimination of the Worst Forms of Child Labor, there are existing laws in Nigeria that are supposed

to protect children from trafficking, such as the Child's Right Act of 2003, the Trafficking in

Persons (Prohibition) Law Enforcement and Administration Act 2003, the Children and Young

Persons Act 1959, the Immigration Act 1959, and the Immigration Act 1959. These laws

simultaneously outlaw child trafficking; yet, despite the government's heightened legislative and

policy attention, it appears to be having little influence on the epidemic of child trafficking in

Nigeria. Child trafficking has a significant impact on the social and economic growth of the

Nigerian state and people. Child trafficking has proven to be a severe problem for the Nigerian

nation, evading all attempts by the government, as well as foreign organisations and partners, to

put a stop to it. However tough it may appear, there is an urgent need to put an end to the epidemic

of child trafficking in Nigeria in order to protect the future of the Nigerian kid and the country as

a whole. In order to combat the epidemic of child trafficking in Nigeria, the government has taken

attempts to pass laws that will assist put an end to the problem. However, the paper concludes

declaring that the resolve of the Nigerian Government to child trafficking must be holistically

reviewed and from that review provides a stronger structure to combat such crime. It is observed,

12
however, that despite the avalanche of authorities cited, recourse was not given to the position of

the Nigerian Court on matters that concerns child trafficking and how the court reacts to them.

Linus Akor,16 posits that the concept of child trafficking can be traced to the period of slavery and

the reason for this is the transportation of persons to another locality without their consent on the

basis of servitude. It is on record that more dramatic change in the character and complexity of

slavery came in the late 15-century and mid-19th century when many Africans were shipped across

the Atlantic as slaves in what later became known as the trans- Atlantic slave trade. The

intercontinental slave trade, which involved Europeans and Africans, was carried on through four

continents of Europe, Africa and the two Americas. 17The work further explains that trafficking of

Nigerian girls and women to Italy and other parts of Europe has slave-like characteristics, as the

journey many a times is a hazardous and tortious one18.Admittedly, the work states further that

trafficking of children and women for exploitative purposes in Nigeria is of two dimensions:

internal and external. Internally, children are procured as domestic workers, while external

trafficking provides girls and women for prostitution rackets in Europe and in some cases,

unsuspecting young girls and women have fallen preys to traffickers who use them for rituals. It

was this concern that triggered the formation of NATIPs (National Agencyfor the Prohibition of

the Trafficking in Persons) in 2003 and in participation were the various stakeholders in this sector

to nip trafficking in its bud. Notwithstanding this, report shows that the illicit trade persisted and

women and children were the basic subjects. Hence, the work focused on the factors that encourage

the illegal trade and the following questions were raised amongst which are: what are the causes

16Linus Akor, “Trafficking Of Women In Nigeria: Causes,Consequences And The Way Forward” Corvinus Journal
Of Sociology And Social Policy Vol.2 (2011) 2, 89–110.
17Omolola, I. (1982). Main Trends in African History from the Earliest Times to 1900, Omolayi Standard Press Co
18UNICEF (2000), “Child Trafficking in Nigeria: Analysis of Nigeria’s Response to the Libreville Platform of Action”

- Joint initiative between the UNICEF West and Central African Regional Office and UNICEF Nigeria Country Office.

13
of the trafficking of women, what are the mechanisms put in place by the government to check the

menace,how effective are those mechanisms, why has the trafficking of women persisted despite

the existence of legislation criminalizing the practice and what are the consequences of the

trafficking of women?Hughes19 recounts that the reason for this surge in participation by the victim

and the trafficker in many case is to better their standard of living which must have been down-

trodden for many reason which includes, war, famine, poverty, discrimination etc. and once the

victim agrees consentingly or otherwise, they are transported to the locality which they are used

for the fun of their masters. The point which this work reveals is that in some cases, the victims

suffer from the consequence of trafficking on their own volition.20 Also, Lipede21 reveals the

activities of NAPTIPs and how it has engage the stakeholders such as the Nigerian Police Force,

Nigerian Immigration Service, Nigeria Custom Service, etc. with the intention of curbing its

consequences such as: loss of lives, increasing prevalence of sexually transmitted diseases

including HIV/AIDS, increase in violence andcrime rate, increased school drop-out rates, impaired

child development, poor national image and massive deportation of Nigerian girls and women in

the society. Analytically, the persistence of this trafficking can first be traced to the nature of man

to keep making the wrong decisions which the law frowns at or out of desperation to survive daily.

By way of recommendation, empowerment of parents, stable economy will obviate the need for

engaging in trafficking.

19Hughes, M.D, Sporcic, L.J, Mendelson, N.Z, and Chirgwin, V. (2005),“Coalition Against Trafficking in Women”
Fact book on Global Sexual Exploitation”, accessed via <www.catwpage.net..s.>on 29th November, 2022. .
20
Pearson, E. (2002). “Human Traffic, Human Rights: Redefining Victims’ Protection” Anti- Slavery International,
London.
21
Lipede, A. (2007), “Women Trafficking and Insecurity in West Africa: Character, Trend and Scale in Nigeria” in
Barkindo, B.M and A. Lipede (ed.) Human Trafficking and Economic Crimes across Nigeria’s International Borders,
Ibadan: Spectrum Books Limited. PP.3 - 43.

14
Dauda Salihu,22looking at the increase of child trafficking decries the health consequence on the

society notwithstanding that there international and domestic legislation circumscribing this area.

The work reveals that despite the abundance of the legal framework on trafficking in Nigeria, the

business flourishes especially through mediums such as “Baby Factories”. These traffickers

consistently beat national intelligence, even though I differ a little, during the transportation of

their victims, such as; by air, land, i.e. desert, sea. This work also shows how that the fear of

stigmatization, death, etc. has led the victims from actively reporting their stories and then be

rescued from the hands of the trafficker. These baby factories, in a way, sponsors sex trafficking;

since the child in their custody is exploited for financial gains.

The existing policies related to child protection in Nigeria include the 2003 Child Right Act, the

Trafficking in Person Law Enforcement and Administration Act, Others are the 2003 National

Agency for the Protection of Trafficking in Person Act, the Nigerian Immigration Act, the

Independent Corrupt Practices and other Related Offences Act, the penal and the criminal code of

the Nigerian Constitution related to child protection.Besides, Nigeria was a signatory to an array

of international treaties on child welfare such as ILO Convention 182, 195, 29, 105 and 138, United

Nations convention against transnational organized crime, and 1956 United Nations

Supplementary Convention on the Abolition of Slavery. Nigeria also signed regional instruments

such as the 1983 African Charter on Human and Peoples' right. It also has migration policies and

a bilateral agreement with the UK, Benin Republic, Italy, South Africa, the Republic of Ireland

and Spain (with memorandum of understanding) on human trafficking. However, despite all these,

children are trafficked within and outside the country. The problem remains that despite these

DaudaSalihu, “Trends of Child Trafficking Situation in Nigeria and A WayForward”, Research on Humanities and
22

Social Sciences (2016) Vol.6, No.16, accessed via <www.iiste.org>on 29thNovemeber, 2022.

15
replete legislations operational in Nigeria, certain states in Nigeria failed or perhaps neglected the

rights of children this can be linked to the problem of Section 12, Constitution of the Federal

Republic of Nigeria (1999), as 15 out of 36 States in Nigeria has legislation in place for child’s

rights. Others are perhaps sponsored by the fact that the laws do not contemplate them, for

example, Surrogacy, among many other indicants. To resolve this, this paper introduces certain

recommendations such as: child adoption policy geared towards the adoption of children than the

illegal adoption of such children. In reaction to this, the legislature should make laws making an

immediate passing into law laws that relates to a child in Nigeria.

Ibe Okegbe Ifeakandu,23 establishes that children are easily the targets of their captors or the

trafficker because of their frailty, innocence and vulnerability and are affected by war, armedand

non-armed conflicts, insurgency and terrorism, all of which have become common

occurrences, amongst many other in Nigeria. This work also puts definition on who and what

a child is and maintains that under Section 29, Constitution of the Federal Republic of Nigeria

(CFRN), 1999, a child is a person who attains “full age”, that is 18 years under the provision

of S29(1) CFRN, 1999.This definition, however, does not apply to a person who is married.

What this means is that a year-old child who becomes married is deemed an adult under

S29(4) CFRN, 1999. This inadvertently gives credence or perhaps institutionalizes child

marriage in Nigeria. This being the case reflects a case which sponsors trafficking of a child

for the advantage of the adult who enlisted the service of such a child. Particularly child

marriage is prohibited under the Child’s Rights Act (2003), Section 23, with a term of

23
Ibe Okegbe Ifeakandu, “Child Trafficking and Rights Violations: Examination of Child Protection under
International and Nigeria Legal Provisions”, Beijing Law Review (2019). Accessed via
<https://doi.org/10.4236/blr.2019.104058>on the 29th November, 2022.

16
imprisonment for five years or a fine of N500,000 or both fine and imprisonment. What

becomes worrisome is the authority of Fawehinmi v Abacha24 where the hierarchy of laws

was established. Hence, the problem becomes when these laws are engaged, which is

objective then for the protection of human rights.

Children are usually trafficked for different purposes, such as pornography, begging, marriage,

organ harvesting, etc. However, majority of children are trafficked for sexual exploitation and this

is also linked to the “Pull and Push” factor. To resolve this, this work acknowledges the effect of

NAPTIPs and notwithstanding states that it have none the less failed in covering the whole gamut

of Childs’ Rights in Nigeria as children are still subjected to inhumane and degrading treatments

as contemplated under the United Nation Convention Against Torture and Other inhumane and

degrading treatments, 1984, and the Nigerian Anti-Torture Act, 2017, which frowns at forms

which restrains the rights of a child, for example, child disciplining through torture and possible

death when their abductor or the trafficker is confronted with his possible arrest. These work

enumerates certain factors challenging the respect of the rights of a child and they are: the principle

of locus standi, cultural and religious practice, Omission of the jurisdiction of a State Sharia

Court of Appeal in matters relating to children and Lack of political will to enforce laws and

other child protection measures and to resolve this, the government must engage all

stakeholders in protecting the rights of the Child. One important conversation this work did

not engage is the role of the judiciary in preserving the rights of a child, for example in matter

concerning the child marriage case laws that outlaw child marriage to say the least, amongst

many others.

24 SC 45/1997, (2000) 6 NWLR 228.

17
Magdaline Asesho Adeshina and Yodah Yakubu,25discussed the effect of legal pluralism in

Nigeria which requires that Acts from the Senate House must be adopted by the House of

Assembly of a state for it to be binding otherwise, they are inapplicable to they are not applicable.

Riding on this, some States refrained from enacting laws on the rights of a child on the grounds of

religious cum customarily laws. Another situation is where children or a child is entrusted in

custody of a distant relation, in the best interest of the child as guaranteed under the Childs’ Rights

Act. This can also in its own way sponsor child trafficking and delimits the participation of the

government in this area. The work also shows the legal limitation that is available against the minor

to institute case on the breach of the minor’s rights because of age, social factors and lack of finance.

This also reflects on the inability of the government to promote constitutional amendments that would

allow for fair trials for children and grant special injunctions for excluding the principle of locus standi

for child trafficking cases. Hence, the writer calls for the constitutional amendments with respect to

guaranteeing the rights of a minor.

25
MagdalineAseshoAdeshina&YodahYakubu, “Child Trafficking in Nigeria: Examining Government’s Response to
the Menace”, SAU Journal of Management and Social Sciences (2021)), Vol. 6, Special Issue.

18
2.0 CONCEPTUAL CLARIFICATIONS

2.1 CONCEPTUAL CLARIFICATIONS

2.1.1 Age of Majoritymeans the age at which a person attains the age of eighteen years 26

2.1.2 CHILD: The definition of the child within the Nigerian legal framework is largely

undetermined and poses a problem as to what categories of people would be capable of

appropriating to themselves, the rights and entitlements of the child. Section 30 of the Criminal

Code provides that a person under the age of twelve years is not criminally responsible for an act

or omission, unless it is proved that at the time of doing the act or making the omission he had

capacity to know that he ought not to do the act or make the omission. Section 50 of the penal

Code stipulates that no act is an offence which is done by a child under seven years of age or by a

child above 7 years of age but under twelve years of age who has not attained sufficient maturity

of understanding to judge the nature and consequence of that act. The Nigerian Labour Act

considers below 14 as the age of minority. The implicit or express provisions of statutes are not

the only regime statutorily defining who the child is.Commonly, the age of maturity is held to be

the age of 18. The CRA also provides for the age of majority and defines who a child is. Aja

Nwachuku27 posits that this provision should settle the question of the age of the child or the period

of childhood with finality. Three premises were put forward as grounds for his postulation, with

an addition of a fourth ground with respect to the various definitions of a child under the various

customary laws. The most important details in this text are that the CRA is a federal legislation

which is specific to the rights of the child in Nigeria, that it takes priority over states legislations

26CRA, 2004, s277.

27AjaNwachuku, M. A. (2015d), “The Legal Analysis of the Nebulous Concept of Childhood in Nigeria”, Beijing
Law Review, 7, 122-126.

19
on the same legislative matter, and that state legislatures in Nigeria which have domesticated the

CRA into state law make it applicable and have the force of law in such states. Finally, the working

definition of the child for the purpose of this research would be that provided in section 277 CRA.

2.1.3 CHILD ABUSE: Child abuse is physical, emotional or sexual exploitation of a child or

children by parents, guardians or others. It includes any behaviour which neglects the child's

survival and development needs, causes physical or emotional injury, harassment or subjects the

child to measures, situations and experiences which interfere with the healthy development

towards adulthood.28 Some forms of child abuse include Child Abandonment, Child Begging,

Child Exploitation, Child labour, Child Marriage, Children in Arm Conflict, Female Genital

Mutilation (FGM), Trafficking in Children, Vagrancy, etc.

2.1.4 Children Associated with Armed Forces or Groups (CAAFAG): Sometimes referred to

as “Child Soldiers”, CAAFAG is any person under 18 years of age who is part of any kind of

regular or irregular armed force or armed group in any capacity – including, but not limited to,

combatants, cooks, porters, messengers and anyone accompanying such groups, other than family

members. It includes girls recruited for sexual purpose and for forced marriage 29

2.1.5 Child Protection: In the refugee context, Child Protection includes protecting and

advocating against all forms of discrimination; preventing and responding to abuse, neglect,

violence and exploitation; ensuring immediate access to appropriate services; and ensuring durable

solutions in the child’s best interests. It is also defined as all activities aimed at ensuring the

28Alokan, F. B. (2010). Broken homes and child abuse: Pakistan Journal of Social Science 7 (3), 240-243. p. 240.
29<https://www.warchild.org.uk/our-work/what-we-do/innovative-programmes/reintegration/children-

associatedarmedgroups#:~:text=%22A%20child%20associated%20with%20an,spies%20or%20for%20sexual%20pur
poses.%22> accessed 25th January, 2023.

20
enjoyment, on equal terms of the rights of women, men, girls and boys of concern to UNHCR in

accordance with the letter and spirit of the relevant bodies of law (international humanitarian,

human rights and refugee law).

2.1.6 Child's Rights: The most important details in this text are that Children's rights are human

rights that protect the child as a human being and are adapted to their fragility, specificities and

age-appropriate needs. They are further categorized into development rights, participation rights,

protection rights and survival rights. 30 Development rights include the right to be with their parents

or with those who will care for them best, the right to meet with other children, and the right to

special care, education and training. The most important details in this text are the rights of citizens

to a free primary education, participation in society, protection from harmful influence, survival

rights, and privacy. These rights include the right to a name, nationality, religion, language, culture,

education, health care, and enough food and clean water. They also include the right not to be used

as a cheap worker, not to be hurt or neglected, and to be protected from danger 31.

2.1.7 Child labour: Work that deprives children of their childhood, their potential and their

dignity, and that is harmful to physical and mental development. Whether or not particular forms

of “work” can be called “child labour” depends on the child’s age (the minimum working age is

usually 15), the type and hours of work performed, the conditions under which it is performed and

the objectives pursued by individual countries.32 The concept of child labour is based on the ILO

Minimum Age Convention (No.138).

30PBWORKS, “Categorizing child's rights”,

http://hrewiki.pbworks.com/f/Lesson%20Plan%20on%20Human%20Rights-%20Rights%20of%20the%20Child.pdf
accessed 25th jan., 2023.
31
These rights are gleaned from the provisions of the CRC, 1989.
32
Ihejieto, ChinyereChild labour, child education and poverty: a study of children on the street in Nigeria, 2020.
<https://sure.sunderland.ac.uk/id/eprint/12066/1/CHILD%20LABOUR,%20CHILD%20EDUCATION%20AND%20POV
ERTY%20A%20STUDY%20OF%20CHILDREN%20ON%20THE%20STREET%20IN%20NIGERIA.pdf> accessed 25th

21
2.1.8 Child trafficking: All acts involved in the recruitment, transportation, transfer, harbouring

or receipt of a person under 18 of age for the purpose of exploitation within or across borders. The

use of illicit means, including violence or fraud, does not apply for children. Exploitation refers at

a minimum to sexual exploitation, forced labour or services, slavery and practices similar to

slavery, servitude, forced begging or the removal of organs.33

2.1.9 Internally Displaced Persons (IDPs): are individuals who have been forced to leave their

homes as a result of armed conflict, internal strife, systematic violations of human rights, or natural

or man-made disasters and who are within the territory of their own country. Individuals who have

been displaced as a result of natural or man-made disasters are not normally of concern to

UNHCR34.

2.1.10 Refugees: A person who meets the eligibility criteria under the applicable refugee

definition, as provided for in international or regional refugee instruments, under UNHCR’s

mandate and/or in national legislation. The 1951 Convention 35 relating to the status of refugees

defines a refugee as a person who, owing to a well-founded fear of being persecuted for reasons

of race, religion, nationality, political opinion or membership in a particular social group, is outside

the country of his or her nationality and is unable or, owing to such fear, unwilling to avail him-

or herself of the protection of that country. 36

33<https://www.dw.com/en/the-ugly-truth-about-nigerias-child-trafficking/a-62622680> accessed 25th January, 2023.

34<https://www.unhcr.org/internally-displaced-people.html>accessed 25th January, 2023.
35the 1951 Refugee Convention or the Geneva Convention of 28 July 1951.
36https://www.amnesty.org/en/what-we-do/refugees-asylum-seekers-and-migrants/, accessed 25th January, 2023.

22
2.2 THEORETICAL FOUNDATION OF CHILD ABUSE

The United Nations Children Fund highlighted the worldwide view of child abuse to encompass

any labour of children that may be exploitative and for full transparency, it includes: full-time

employment at too young an age, too many hours spent working, job that puts undue physical,

social, and psychological stress, work and live on the street in poor conditions, Inadequate

compensation, too much responsibility, Work that hinders access to education, Work that

undermines children. Abuse is implied whenever the child's welfare is in jeopardy, regardless of

the motivation or sociocultural norms 37. In addition, child labor, in accordance with the

International Labour Organization (ILO), as work performed by a child under a certain age that

harms the child's personal growth, health, safety, and well-being on a physical, mental, and

psychological level. This harm is against both domestic and international law 38. According to the

most recent estimates, there are 160 million children working as children globally, an increase of

8.4 million children in the last four years. At the start of 2020, 63 million girls and 97 million boys

worked as children worldwide, making for about 1 in 10 of all children 39. The characteristics of

child labour has been expounded to be constituent of; lack of freedom of movement, emphasis on

the child’s inferior status, overwork at tedious, exhausting jobs, emphasis on complete obedience

to the employer, control of child managed through beatings and insult, no emotional warmth,

expectation that the child will behave totally like an adult, expression of developmental needs by

37
Ebigbo, P. (1990) The problems of child abuse and neglect in Nigeria and strategies for overcoming them, in: The
Nigerian child, now and in the future (Lagos, The Federal Ministry of Health and Human Services and UNICEF), 74–
76.
38
Nkuly, J. L. (2000) “Child labour: background paper”, African Newsletter on Occupational Health and Safety,
10(2), 36–39.
39 UNICEF, 2020. <https://data.unicef.org/resources/child-labour-2020-global-estimates-trends-and-the-road-

forward/#:~:text=63%20million%20girls%20and%2097,10%20of%20all%20children%20worldwide.> accessed 6th

November, 2022.

23
the child seen as disobedience by employers, strong belief by employers that the child’s situation

is good especially compared with home conditions, underpayment and brief period of childhood,

with a ‘push’ into adulthood 40.The above clearly declares the what constitutes child labour and

trafficking, however, the need arises to consider theories which looks into the origin or perhaps

the source of child trafficking in Nigeria and these theories are the: critical race theory, the post-

colonial theory and conflict theory.

The critical race theory, although without a central statement, posits a structure, system and

situation that marginalizes minorities with colour 41 and this theory’s central theme is premised on

white supremacy, racism, narrative style and intersectionality. Likewise, this theory conveys its

benefits when the majority of studies on the issue are not undertaken by African researchers but

rather by foreign experts and when children are spoken for rather than given the opportunity to

speak for themselves in academic writing, critical race theory undermines the notion that research

on child trafficking in Africa is objective or impartial.42 Critical race theory advances the goal of

social justice research, which aims to uplift oppressed communities and eradicate all traces of

racism, classism, and oppression, by advocating for the presentation of the voices of children who

are "victims" of the social problem and a platform for African scholars to repeat the experiences

of afflicted children.43

With the Post-colonial theory, the fields of history and literature gave rise to them, and it serves as

a framework for describing the battles for existence in former colonies. The dominance of

oppressed classes, minority groups, and individuals compelled to fit into stereotypes of the

40
Onyango, P. &Kayango Male, D. (1982) Psychological effects of child labour, in: P. Onyango & D. Kayango Male,
(Eds.) Child labour and health (Nairobi, Journal of Eastern Africa and Development, University of Nairobi).
41
Bell, D. Faces at the bottom of the well: The permanence of racism.(1992). New York: Basic Books.
42
Delgado, R. (1995a). “Critical Race Theory: The cutting edge. Philadelphia”, PA: Temple University Press.
43
Matsuda, C.”Voices of America: Accent, antidiscrimination law, and a jurisprudence for the last reconstruction”.
(1991). Yale Law Journal, 100, 1329 - 1407

24
impoverished, dependent, or helpless has recently been included in postcolonial theoretical

analysis, which formerly limited its scope to state-based colonial ties as seen in history and

literature. Important authors in this discipline have helped to establish a discourse area for

explaining how colonised people's common experiences have ingrained in them a sense of

inferiority and an incorrect cultural identity.44 Given that Nigeria was under British colonial rule

for 100 years, from 1860 until its independence on October 1, 1960, it is not surprising that, 50

years after the country's break from the British colonial masters, the colonial legacy is still present

in the economic, social, cultural, and political policies in place. The issues in Nigeria and other

former colonies are mostly due to the exploitation of the minds and resources of colonised people,

whose leaders, many years after colonisation, still struggle to seize the reins of power in their

individual countries that have been freed from colonial rule 45 and these colonial influences are

present in the circumstances of Nigerian children and the elements that make them susceptible to

trafficking. Therefore, according to my perspective, institutional interactions and institutions that

support racial inequality are the subject of critical race theory. It also acknowledges that different

subordination systems can interact in nuanced ways to enable analysis that emphasises on

historical, socioeconomic, and political inequalities amongst marginalised groups that serve to

accentuate a sense of their limitations and helplessness46. Strong narratives reflecting their

awareness of perceived unfairness, discrimination, and oppression are required to contradict

dominant and accepted perspectives, even while the intersectional nature of these elements'

influence on the lived histories of marginalised groups may appear invisible to those outside the

44Loomba, A. (2005). Colonialism/Postcolonialism. New York, NY: Routledge

45
Olaniyan, T. (2005). Africa: Varied Colonial Legacies. In H. Schwarz, & R. Sangeeta Ray (Eds.), A Companion to
Postcolonial Studies. Blackwell Publishing, 269-281
46
Gillborn, D. (2009). Who's Afraid of Critical Race Theory in Education? A Reply to Mike Cole's 'The Color-Line
and the Class Struggle' Power and Education, 1, 1, 125 - 131

25
frame of influence. Also, the decision to follow this course of action may trouble academics who

believe postcolonial theory is too abstract and difficult to understand to address a problem that

seems simple to link to exploitation, poverty, and the escape routes taken by low-income families

to improve their survival, as illustrated in the literature on child trafficking. Unfortunately, only

scholars who have not experienced the destabilising impacts of a colonial past can support these

opinions. Even in the survival strategies used by children and adults who were born in the 20th

and 21st centuries, the legacy of colonisation is still there. That is the reality of colonisation, and

in order to overcome it, people must constantly dispel myths about Africa, African knowledge,

and human trafficking.

Finally, the Conflict theory47. This theory puts emphasis on why and how social inequality, power

imbalance and oppression are able to occur is based on the sociological fundamental idea that
48
crime is caused by the economic and social drives within society. The conflict theory is the

opposite of the functional theory and under this theory49, and its focus is to explore power

structures and power disparities–that is, how power differentials affect social inequality. When the

conflict theory is applied to the understanding of child trafficking, it brings to light the

understanding that child trafficking is a crime of opportunity influenced by such macro factors as

culture, economics, politics, transnationalism, migration patterns and social dynamics,

globalisation, corruption, organised crime, legal loopholes and technology among others. To put

perspective on this,these socio-economic inequalities not only create disparities between classes

on a small scale, but globally between developed and under-developed nations and fuels trafficking

47Hutchison, E. (2013). Social work education: Human behavior and social environment. Encyclopedia of Social
Work. DOI: 10.1093/acrefore/9780199975839.013.616Kondrat, M. E. (2013). Person-in-environment. Encyclopedia
of Social Work. DOI: 10.1093/acrefore/9780199975839.013.285
48Aronowitz, A. A. (2017). Human trafficking: A reference handbook. California: Abc-Clio.
49Shriver, J. (1998). Human Behavior and the Social Environment: Shifting Paradigms in Essential Knowledge for

Social Work Practice (2nd Ed.). Allyn & Bacon. Needham Heights, Mass.Skyttner, L. (1996). General Systems
Theory: Origin and hallmarks. Kybernetes, 25(6), 16-22. DOI: 10.1108/03684929610126283

26
offences, especially sex trafficking and violence. The implication is that socio-economic and other

factors mentioned earlier need to also be looked into aside the legal framework when tackling the

menace of child trafficking.50

50Barner, J. R., Okech, D. & Camp, M. A. Socio-economic inequality, human trafficking and the global slave trade.
(2014). Societies, MDPI, Open Access Journal, 4(2), 1-13. Accessed 4th feb., 2023

27
3. 0 THE LEGAL, INSTITUTIONAL FRAMEWORK, POLICIES AND PROGRAMMES

ON CHILD TRAFFICKING AND ABUSE IN NIGERIA

The emphasis of this part is to form an analysis of the skeleton of laws, regulationsand policies

which sums up or circumscribes the issues of child trafficking in Nigeria. Significantly, it is a

notorious fact that the laws, regulations and policies are validly made, on one hand and on the

other hand, they are almost unenforceable in certain cases and in other cases, they help to restore

the sanctity of a child; respecting their inherent human rights. Hence, it is safe to say that the

Legislature or the Nigerian Government has tried in its capacity to promulgate laws which has the

intent of (completely) obliterating child trafficking in Nigeria. However,the issue of child

protection in Nigeria was largely ignored during colonial rule; the first attempt at legislation was

in 1943, when the Children and Young Persons' Act (CYPA) was promulgated for application in

any part of the Protectorate of Nigeria. Subsequently, other legislations were

promulgated.51Nigeria is a signatory to all international and African regional human rights

documents, including the African Charter on Human and People's Rights (ACHPR or the Banjul

Charter) 1981, the Children's Charter, the International Covenant on Civil and Political Rights

(ICCPR), the International Covenant for Economic and Socio-Cultural Rights (ICESCR), and the

UN Covenant on the Rights of the Child, furthermore, the legislator has taken steps to domesticate

these laws, with the creation of the Child’s Rights Act in 2003.52 It is noteworthy to state that the

51Iguh, NwamakaAdaora and OnyekaNosike, An Examination of the Child Rights Protection and Corporal Punishment
in Nigeria. Lecturer, Department of Public and Private Law, Faculty of Law NnamdiAzikiwe University Awka and
Faculty of Law NnamdiAzikiwe University, Awka.
52ChilenyeNwapi, ‘International Treaties in Nigerian and Canadian Courts’ African Journal of International and

Comparative Law 38(2011) 19; See also Edwin Egede, ‘Bringing Human Rights Home: An Examination of the
Domestication of Human Rights Treaties in Nigeria’ Journal of African Law 249 (2007) 51; A O Enabulele,
‘Implementation of Treaties in Nigeria and the Status Question: Whither Nigerian Courts’ (2009) 17 African Journal
of International and Comparative Law 326. See also Section 12 Constitution of the Federal Republic of Nigeria,
1999 as amended (hereinafter referred to as CFRN).

28
Constitution of the federal republic of Nigeria did not provide a definition for a child and perhaps,

and did not conceive nor contemplate the protection of children within the ambit of the National

Assembly. It, however, allows the State house of Assembly to make laws relating to the rights of

a child and seemingly requires the permission of the State House of Assemblies in making an Act

such as the Child’s Rights Act.

Notwithstanding, the abnormally of reducing Child’s right in Nigeria to each State in Nigeria’s

responsibility, a child has dignity as much as an adult and the government of Nigeria at all level

are duty bound to protect and preserve them 53 and the attempts to protect these rights will be

discussed below.

3.1 THE LEGAL FRAMEWORK ON CHILD TRAFFICKING AND ABUSE IN NIGERIA

3.1.1 The Constitution of the Federal Republic of Nigeria(CFRN), 1999.

The constitution of the federal republic of Nigeria, 1999 guarantees fundamental human rights,

with Chapter IV of the constitution containing fundamental rights and Chapter II outlining the

objectives and directive principles of state policy. Trafficking in persons involves the violation of

these rights, so it is important to consider the provisions of the constitution.Human trafficking is

against the freedom and dignity of human beings and is unacceptable under the Constitution.

Section 34 of the Constitution guarantees the right to the dignity of the human person and prohibits

the subjection of any person to slavery or servitude. That is, no person shall be subjected to torture

or inhuman or degrading treatment, and no person shall be required to perform forced or

compulsory labour.According to Section 46 of the Nigerian Constitution, the High Court of the

53
Johnbull I. Hope, “Rape and the Right of a Child under the Nigeria Legal System”, (2022), Available at;
https://www.researchgate.net/publication/363456925_RAPE_AND_THE_RIGHT_OF_A_CHILD_UNDER_THE_
NIGERIA_LEGAL_SYSTEM accessed 6th February, 2023.

29
State in which the infringement takes place may intervene to put a stop to any breach of the

Constitution's fundamental human rights provisions. The freedom of movement, 54 personal

liberty55and the prohibition of torture, cruel or humiliating treatment, slavery, servitude, and forced

labour56 are among these rights. It must therefore be stressed that the constitution of the federal

Republic of Nigeria is the grund-norm and other laws derive their legitimacy from it,57 however,

a minor cannot appear in court unless through a locus parentis.

However, the case, the CFRN poses a great risk to the abuse of children wherein it provides or

permits children marriage establishing that a person who becomes married has attained full age58

and this provision sponsors all kind of degrading, inhuman treatment against the child and lower

their identity, such as the sale of a child under the pretense of marriage, amongst many other. It is

apposite to say therefore looking at the utilitarian function of the removal of such a clause, that the

risk it poses is the legalization of illegal advancement against a minor under the pretense of

marriage.

Also, Nigeria is a signatory to laws or convention which spells out the rights of a child. Several of

these conventions have been ratified by Nigeria, however section 12 of the constitution of the

federal republic of Nigeria 1999 mandates that before any treaties that Nigeria has ratified may

take effect in Nigeria, the national assembly must pass them into law. This is known as"the

domestication of treaties." so, in Nigeria, the international agreements that have not yet been

domesticated lack legal authority.

54 CFRN 1999, ss41.

55 CFRN 1999, ss35.
56 CFRN 1999, ss34.
57See the cases of AG, Lagos State v. AG, Federation [2004] 18 NWLR (Pt. 904) 1 SC, Hon. MuyiwaInakoju& 17

Ors V Hon Abraham AdeoluAdeleke& 3 Ors (S.C. 272/2006)[2007] NGSC 55, ANPP v IGP (2006) CHR 181.
58 CFRN 1999, ss29(4).

30
3.1.2Child’s Rights Act (CRA) 2003.

In an effort to combine all regulations pertaining to children into a single piece of legislation, the

Child Rights Act (CRA) was passed in 2003. Moreover, it carries out Nigeria's obligation under

international law to domesticate, recognise, and uphold the CRC and ACRWC's provisions. The

purpose of the CRA is to guarantee and defend the rights of Nigerian children, independent of the

state of origin, ethnicity, sex, race, or circumstances of their parents' or guardians' birth.The CRA

creates a number of new child rights in accordance with an African-centric distribution of rights

and obligations, while also stipulating special rights for children who are in conflict with the law;

in agreement with the provisions of Chapter IV of the CFRN. The child is committed to obligations

under Section 19 of the CRA towards their family, their community, and the Federal Republic of

Nigeria. It does not end there, Section 20 of the CRA,59 also create a responsibility for whatever it

is that takes care of a child. This jural relationship is fashioned to replicate the African ideals.

The CRA provides replete protection for the child from partaking actions that is tantamount to

infringing on the child fundamental rights as guaranteed under Part II, Section 3-20, CRA. For the

sake of emphasis, Section 3 of the CRA provides:

(1) The provisions in Chapter IV of the Constitution of the Federal Republic of Nigeria

1999, or any successive constitutional provisions relating to Fundamental Rights, shall

apply as if those provisions are expressly stated in this Act.

(2) In addition to the rights guaranteed under Chapter IV of the Constitution of the Federal

Republic of Nigeria, 1999, or under any successive constitutional provisions, every child

has the rights set out in this Part of the Act.

59
Every parent, guardian, institution, person and authority responsible for the care, maintenance, upbringing,
education, training, socialization, employment and rehabilitation of a child has the responsibility to provide guidance,
discipline, education and training to ensure the child's assimilation, appreciation and observance of the responsibilities
set out in the Act.

31
The implication of this provision is therefore that the constitutional protection donated by the

CFRN being the grundnorm is applicable to the CRA expressly. This provision basically reflects

the intention of the legislature to protect the rights of a child.

In furtherance, Part III, Section 21, provides for the prohibition of child marriage. On the contrary,

the Nigerian constitution has clauses that seem to go against the CRA's prohibition on marriage

before the age of 1860, notwithstanding the CRA's prohibition. Moreover, states with Islamic legal

systems have neither enacted the CRA or made 18 the legal age of majority for marriage 61.Nigeria

has one of the highest rates of child marriage in the world, with 44% of girls getting married before

they become 18 years old 62 andfemales who are married before turning 18 are more likely to be

the victims of stalking, rape, sexual assault, and child abuse. Moreover, they have a higher

likelihood of being imprisoned, experiencing personal and familial abuse, and having their female

genitalia cut or mutilated. Girls who become pregnant have an increased chance of having a

stillbirth, losing their kid during the first month of life, and passing away while pregnant or giving

delivery.63

Also, the CRA prohibits the Exposure to use, production and trafficking of narcotic drugs, etc,64Section

2765reveals that whenever a person removes a child from the custody, supervision of a parent, guardian or

anyone who has lawful custody, then that person has abducted that child. The interpretation of this is that;

60CFRN, Section 29(4).

61IyabodeOgunniran, Child Rights Act Versus Sharia Law in Nigeria: Issues, Challenges and Way
Forward<https://ir.unilag.edu.ng/bitstreams/615b3873-1dff-444e-8f9f-3f4503106cb1/download> accessed on the 2nd
march, 2023.
62<https://nigeria.savethechildren.net/news/78-girls-northern-region-nigeria-marry-age-18-new-report-save-

children-international-reveals> accessed 2nd march, 2023.

63Nicholas Filip, F o r c e d Marriage and Human Trafficking accessed via
https://theexodusroad.com/forced-marriage-and-human-trafficking/ 2nd March, 2023.
64 CRA, Section 25.
65Abduction, removal and transfer from lawful custody.

32
it may arise as parental abduction and it may arise as non-parental or lawful abduction.66 The point

is this, parents who have not been granted lawful custody of their child may without the permission

or due notice to their partner go ahead to take their child, which then is tantamount to abduction

of the child and on the flip side, there are instances where a person does not have a lawful ground

to take a child and then abduct the child, this is also a gross violation and punishment is prescribed

based on whether or not there is intention to return the child to Nigeria or not, unlawful removal

of the child from lawful caretakers and others; attracting imprisonment of fifteen, twenty, ten and

seven years, respectively.

Another example of the menace that is proscribed by the CRA is child labour. 67Interestingly, the

CRA permits the Labour Act to apply whenever child labour is in contention and further

establishes the indicators 68. UNICEF69further defines a child victim of labour as one who starts

full time work too early, spends too many hours outside the family, participates in work that causes

physical, social and psychological strain, works and lives on the street, and has too much

responsibilities.70The situation of children exposed to child labour early in life is similar to that of

a 14 year old in R v Macdonald 71 where the court held thus:

The victim was a fourteen year old girl that was living with her father and her step mother.

They made her do most of the household duties attending to wants of their two young

children, milking goats feeding dogs etc. She was badly fed and poorly clothed even in

winter. she died in the most pitiable circumstances…

66Ojeniran v Ojeniran (2018) LPELR-45697(CA).

67CRA, Section 29.
68 CRA, Section 28.
69UNICEF, originally called the United Nations International Children's Emergency Fund in full, now officially United

Nations Children's Fund, is an agency of the United Nations responsible for providing humanitarian and
developmental aid to children worldwide. Founded: 11 December 1946, New York, New York, United States
70 See The United States Department of State Bureau of African Affairs “Trafficking in Children – West and Central

Africa”.
71 (1904) St. R Qd 151, 217.

33
Many cases like this remains unreported in Nigeria, however, for the best interest of the child, 72

incidence such as these should not be occasioned against any person primarily because of their

constitutional rights.

Other acts to amounts or equate to child trafficking are: Prohibition of buying, selling, hiring or

otherwise dealing in children for the purpose of hawking or begging for alms or prostitution,

etc73Unlawful sexual intercourse with a child, etc., 74 Other forms of exploitation.75

Concluding on this, the CRA has attempted, procured and identified the challenges associated with

Child trafficking in Nigeria and in its provisions procured solutions to the issues.

3.1.3 CRIMINAL CODE

Human trafficking and forced labour prohibitions were dispersed across the criminal, penal, and

labour codes prior to the adoption of anti-trafficking legislation in 2003. In Nigeria, the Southern

region is governed by the Criminal Code, whereas the Northern region is governed by the Penal

Code.The Criminal Code, which went into effect on June 1, 1916, deals with external trafficking

for prostitution and servitude but does not specify what constitutes trafficking. It however, declare

that procuring a child below 18 years for unlawful carnal, 76 connections procuring women and

girls for prostitution inside or outside of Nigeria is against the law, 77 procuring a child with intent

to become an inmate in a brothel,78 etc.

72 See Odusote v. Odusote (2012) 3 NWLR pt. 1288, p.478 at 487; Buwanhot v. Buwanhot (2011) FWLR pt. 566, p.
552 at 563; Oduche v. Oduche (2006) 5 NWLR pt. 1039, p.297, CA; Alabi v. Alabi (2007) 9 NWLR pt.1039, p.309;
Charity Okafor v. Paul Okafor (2016) LPELR 40264)
73 CRA, ss 30.
74 CRA, ss 31.
75 CRA, ss 33.
76Criminal Code, Section 223(1).
77Criminal Code, Section 223(2).
78Criminal Code, Section 223(3).

34
Slave trade is prohibited by the Criminal Code, and violating Section 369 will result in a 14-year

imprisonment. Modern-day slavery is often referred to as trafficking 79and no matter where it takes

place, slavery is punished as a crime against humanity and this is in conformity with international

law80 that the Criminal Code makes slavery a crime.

The illegal confinement or detention of a person's (inclusive of a child’s) liberty is addressed under

Section 365 of the Criminal Code, and violators are subject to a 2-year sentence in jail. Anybody

who obtains a woman or girl or uses sedatives or strong medications to assist illicit intercourse

with a male is punished under Section 224. According to Section 225, it is illegal for a male to rely

on a prostitute's income. The first offence carries a sentence of two years in jail, while subsequent

offences carry "any duration of imprisonment" in addition to whipping.

Similarly, Section 225(4) of the Criminal Code provides that if a female is found to have exercised

control, direction or influence over the movements of a prostitute, she is liable to imprisonment

for two years.

Penalties for offences that constitute human-trafficking are inadequate, with penalties ranging

from fines to imprisonment, not sufficient to deter traffickers; as they are termed as misdemeanour.

3.1.4 PENAL CODE

The penal statutes in Northern Nigeria were promulgated in 1960 in the style of the Sudan Criminal

Code, which was derived from the Indian Penal Code. Sharia law is in effect in Sudan and Northern

Nigeria, and the Penal Code classifies trafficking in women as an offence with varying

79BisiOlateru-Olagbegi and Anne Ikpeme, “Review of legislation on Trafficking and Forced Labour in Nigeria”
80Rome Statute of the International Criminal Court, Article 7.

35
punishments depending on the victim's age. It also has stronger sanctions against offences

connected to human trafficking than the Criminal Code. For example, Section 275 of the Penal

Code provides that anyone who induces a girl under the age of 18 to engage in illicit intercourse

with another person shall be punished with imprisonment up to 10 years and a fine and a female

under the age of 21 must not be brought into Northern Nigeria for the purpose of prostitution;

violating Penal Code Section 276 carries a maximum sentence of 10 years in jail and a fine.

The aforementioned laws do not have a minimum punishment, but they do specify the maximum

penalty in addition to a fine. This is a weakness since the court is free to impose any minimum,

which can turn out to be insufficient given the seriousness of the offence.Moreover, as may be

inferred from Section 276 of the Criminal Code, which forbids the trafficking of women into

Nigeria but does not address the trafficking of women out of Nigeria, the Penal Code promotes the

trafficking of a person, i.e., a girl, etc. Forced labour is against the law and is punishable by up to

a year in prison or a fine under Section 270 of the Code. Yet, this punishment is insufficient, and

the deterrent effect is diminished.The Code recognises the crime of "trade in persons," 81 while it

also links it to slavery, because it is a lucrative industry.82

Penal code provides penalties for enticement, deceit and inducement of children into prostitution

without the consent of their guardian. 83 Then, the question becomes, is enticement, deceit and

inducement of a child into prostitution possible through consent? If the answer is yes, then that is

a violation of the rights of a child and if no, then it therefore means that that piece of legislation is

badly written. Hence, the idea of consent should be expunging into endless abyss and not stand on

the idea of being a law at all, if permitted to stay, that is to say that the law sponsors an abuse

81thePenal Code, ss279.

82See the ILO Global Report 2005: “A Global Alliance against Forced Labour” for estimates of annual profits from
human trafficking and forced labour by region
83Penal Code, Sections 271,272,273.

36
against the right of a child on the premise of the consent of their parents; with kind leave, that

amounts to madness.

The Penal Code does not uphold the standard age of 18 for children and provides unequal ages for

girls and boys. It is recommended that the United Nations accepted standard age for children, 18

years, is the accepted age for minors stipulated in the Code, irrespective of their sex.

The Criminal Code imposes a maximum sentence of 14 years in jail for slave trading and a

maximum seven-year sentence for procurement. Forced labour is punishable by one year in prison

or a fine under Section 280, and kidnapping is punishable by ten years in prison or a fine under

Section 274. There have been instances of young girls from Northern Nigeria being lured to travel

to Saudi Arabia for the Holy Pilgrimage with the permission of their parents and guardians, only

to be trafficked there for sex. According to investigations, the states of Kano, Borno, Adamawa,

Yobe, Nassarawa, Plateau, Niger, Kebbi, Kwara, Sokoto, Katsina, Zamfara, Jigawa, Gombe,

Bauchi, and Taraba are home to the bulk of the women deported from Saudi Arabia. 84

3.1.5 LABOUR ACT, 2004.

The Ministry of Employment, Labour and Productivity is responsible for enforcing legal

provisions and protecting workers, with a unit dealing with child labour. Section 78 of the Labour

Act gives labour inspectors the power to enter and inspect premises, prosecute offenders, and cover

cases of domestic work. However, there are few labour inspectors and they need to be

trained.Forced or coercive labour is prohibited under both the Labour Act 85and the Nigerian

84
Mohammed Ali Mashi, Deputy Superintendent of Immigration Services (DSI), presented this paper at a workshop
in Bauchi, organized jointly by Nigerian Immigration Services and UNICEF
85 Labour Act (2004), s73.

37
Constitution.86The NAPTIP Act imposes a punishment of 5 years' imprisonment or a fine of

N100,000 or both, whereas the Labour Act stipulates 2 years' imprisonment or a N1,000 fine for

private people and 6 months' imprisonment or a N200 fine for public employees. The laws'

punishments are insufficient to prevent the commission of the crime of forced labour. Interestingly,

Inspections are conducted only in the formal business sector, where there are few occurrences of

forced and child labour.87 The Ministry of Labour lacks the staff and equipment needed to carry

out the assignment, and inspections are not conducted specifically to check violators of child

labour. There is a need to strengthen the inspection and child labour units of the Ministry of labour,

employ and train staff to carry out their functions effectively.

Intermediaries may not recruit employees except those who are in compliance with Section 23 of

the Act88. According to Section 25,89 the Minister may provide licences to fit and appropriate

individuals to hire Nigerian people for employment as workers inside or outside of Nigeria. If the

job is to be done outside of Nigeria, a letter of reference from that nation's government may be

necessary, and there must already be an employment agreement between Nigeria and that nation. 90

The specific terms and conditions of such employment, which include that the employee is of the

legal age for recruitment, has not been subject to pressure, and is not being mistreated, are listed

in Sections 39 and 4091. However, this leads to another problem, that is, what happens where a

trafficker hides behind this provision?The Nigerian Labour Act and ILO Convention 181, as well

as the Private Employment Agencies (PEAs) Convention, prohibit the import of trafficked persons,

86 CFRN, s31(1)c.
87 U.S. Department of State, Country Reports- 2002: Nigeria, Section 6d.
88 Supra note 73.
89 Ibid.
90
Section 37 of the Labour Act which reads, “Where there is in existence a treaty, convention or other international
agreement between Nigeria and any other country relating to the recruitment of citizens for employment outside
Nigeria, the National Council of Ministers may by order give the force of law to all or any of the provisions of the
agreement in place of or in addition to Sections 38 to 44 of this Act or any particular provisions of those sections
91 Supra n74.

38
including children, into employment Agencies. However, these Agencies allow for the operation

of PEAs and the protection of workers using their services, as per its provisions.

Progressively, the Ministry of Labor and Employment (MLE) conducted 10,526 labor inspections,

found 3,234 violations of child labor laws, and removed 1,193 children from potential trafficking

conditions; this compared with conducting 9,877 inspections and removing 2,996 children from

potential trafficking conditions during the previous reporting period. Of the children removed from

trafficking conditions, the government referred 120 to social services.92

Conclusively, The Act deals with the employment of women in Sections 55 to 58 in Nigeria.

Women are entitled to statutory protection and night work in certain settings, but are not allowed

to work in factories or underground work. The Ministry of Labour is reviewing the Act and efforts

should be made to align it with ILO Convention 100 on Equal Remuneration and other relevant

Conventions, both ratified by Nigeria. Discriminatory conditions of work against women create a

conducive environment to trafficking of women, as they lack access to better job opportunities.

3.1.6 OTHER INTERNATIONAL CONVENTIONS AGAINST HUMAN TRAFFICKING

RATIFIED BY NIGERIA

Trafficking in human beings is a lucrative business for globally active perpetrators. Based on the

insight that this crime cannot effectively be combated on a national level, various initiatives have

been launched on the international level. Nigeria has ratified and is a signatory to a number of

international conventions which are directly or indirectly related to trafficking. It is imperative to

92
2022 Trafficking in Persons Report: Nigeria accessed via <https://www.state.gov/reports/2022-trafficking-in-persons-
report/nigeria/> on the 23rd march, 2023.

39
at this point mention a few of those international instruments which Nigeria is a signatory or had

ratified. They are to serve as insight for Nigeria for she can take a cue from provisions of these

conventions in areas that have not been dealt with in its own anti-trafficking legislations.

Specifically, the National Human Right Commission Act93in its commencement provides that the

Commission has as one of its functions to facilitate Nigeria’s implementation of its various treaty

obligations. Judges and stakeholders in the fight against human trafficking can rely on this

provision of the National Human Rights Commission Act to apply some provisions of these

conventions entered into by Nigeria. These Conventions include:

I. United Nations Universal Declaration of Human Rights

This was adopted by the United Nation General Assembly on the 1 December 1948. It was the

first International Act to acknowledge in its preamble that the ‘recognition of the inherent dignity

and of the equal and inalienable rights of all members of the human family is the foundation of

freedom, justice and peace in the world’. 94 Article 1 provides that everyone is born free and with

equal dignity and rights. From basic assumption, the Universal Declaration prohibits among other

things, slave trade in all forms, servitude, slavery or slave-like practices. Therefore, Article 4 of

the UDHR states that: No one shall be held in slavery or servitude; slavery and the slave trade shall

be prohibited in all their forms. Finally, Article 13(1) of the UDHR adds that everyone has the

right to freedom of movement and residence in any State and Article 23(1) declares the right to

freely choose employment and to obtain just and favourable condition of work.

93National Human Rights Commission Act (1993 No. 22) Cap. C23 LFN 2004.
94Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res. 217 A(III) (UDHR). As emphasized
by Saulle, this premise is explicitly or implicitly made in every human rights instrument elaborated after the Universal
Declaration on Human Rights. M.R. Saulle, Dallatutelagiuridicaall’eserciziodeidirittiumani
(EdizioniScientificheItalione, 1999) 15.

40
 II. United Nations Convention against Transnational Organized Crime95

Nigeria signed and ratified this Convention on 13th December 2000 and 28th June 2001

respectively. It was the first international agreement that included a comprehensive, legally

binding definition of the term trafficking in human beings. The term includes, apart from the Act

itself, actions which are carried out before the sales transaction itself or which accompany it, as

well as those which are not connected to the sale and purchase of human beings. Significant to the

definition is the commission of the offence in combination with the use of force or deceptive means

proves that the perpetrator exercised power and control over another human being for the purpose

of exploitation. The catalogue of the possible criminal purposes is not exhaustive and yet it

includes any imaginable form of exploitation, starting from the exploitation of the prostitution of

another person to forced labour to the removal of organs.96 The consent of the victim is irrelevant

with regard to the perpetrator’s culpability and sentencing. 97 Countries that ratify it are obligated

to take all necessary steps to make trafficking in human beings and any attempt to do so or

participation therein as a criminal offence.98 This protocol also helps in terms of victim protection.

The implementation of the United Nation Convention against Transnational Organised Crime and

its Supplemental Protocol is regularly monitored within the context of conferences held for the

parties to the Convention. The conference is not a controlling body that could force a ratifying

country to act in a certain manner. Its primary purpose is the exchange of information and

experience and the improvement of international cooperation between the contractual countries.

III. Convention on the Rights of the Child

95 Supplementing Protocol to Prevent, Suppress, and Punish Trafficking in Persons. Especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime dated 15 November 2000
(BGBI 2005 11, S. 995). It became effective on 25-12-2003.
96 SP, Article 3a.
97 SP, Article 3c.
98 SP, Article 5(2)

41
Although mention of the abolition of traffic in children and their exploitation was already

contained in the Declaration on the Rights of the Child adopted by the UN General Assembly on

20 November 1959,99 the 1990 Convention on the Rights of the Child, dedicates to this issue

various measures, banning the illicit transfer of children abroad, their exploitation and

trafficking.100 Nigeria signed this Convention on 26th January 1990 and ratified on 19th April

1991. Article 1 of the Convention on the Rights of the Child defines a ‘child’ as ‘every human

being below the age of eighteen years unless, under the law applicable to the child, majority is

attained earlier’. It does not establish a relationship between trafficking and forced prostitution

thus acknowledging – in line with the definition given by the UN Trafficking Protocol that children

may be subjected to various forms of exploitation. Consequently, State Parties has the duty to

prevent child exploitation, to protect and recover minors in case they are or have been exploited

or abused and to combat against their illicit transfer.

IV. Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)

Convention on the Elimination of all forms of discrimination against women, 1981101 enjoins State

parties to take all appropriate legislative and other measures to suppress all forms of traffic in

women and the exploitation of the prostitution of women. It derives what constitutes

discrimination against women and sets up an agenda for national action to end such discrimination.

Nations and States that have ratified the Conventions welfare expected to commit themselves to

99 Declaration on the Right of the Child, UNGA Res. 1386 (XIV) (20 November 1959). In particular, principle 9 of the
Declaration states that: ‘The child shall be protected against all forms of neglect, cruelty and exploitation. He shall
not be the subject of traffic in any form’.
100 Convention on the Right of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577

UNTS 3 (CRC).
101 Convention on the Elimination of all Forms of Discrimination Against Women (adopted 18th December 1979,

entered into force 3rd September 1981) 1249 UNTS 13. as of 15th December 2007, 185 States have ratified it

42
undertake series of measures to incorporate the principle of equality of men and women in the

national legal system abolish all discrimination and adopt appropriate ones, prohibiting

discrimination against women, establish tribunals and other public institutions to ensure the

effective protection of women against discrimination, ensure the elimination of all forms of

discrimination against women by persons, organizations or enterprises. Can this be said to be true

about Nigeria, though it has ratified the Convention. Nigeria signed and ratified this convention

on 23rd April 1984 and 13th June 1985 respectively. Article 6 of this Convention is dedicated

specifically to trafficking in women. This anti-trafficking measure was drafted having in mind the

well-established link between trafficking in women and forced prostitution. Nevertheless, taking

into consideration the UN Trafficking Protocol’s definition, trafficking in women should be

interpreted broadly to cover other forms of exploitation as well.102

V. African Charter on Human and Peoples’ Rights (Enforcement) Act

The ACHPR provides that “Every individual shall have the right to the respect of the dignity

inherent in a human being and to the recognition of his legal status. All forms of exploitation and

degradation of man particularly slavery, slave trade and torture, cruel, inhuman or degrading

punishment and treatment shall be prohibited”. 103 It has been domesticated through the African

Charter on Human and People’s Rights (Enforcement) Act. 104

VI. ECOWAS Declaration and Plan of Action Against Trafficking in Persons (2001)

102Scarpa, S., Trafficking in Human Beings: Modern Slavery (New York: Oxford University Press Inc. 2008) p. 94.
103 Article 5.
104 Cap. A9 LFN 2004.

43
 It urges member States to commit themselves to measures that prevent trafficking in persons,

protect and support victims of trafficking, promote awareness raising activities and establish

cooperation for law enforcement officials at borders, share data amongst ECOWAS nations and

the United Nations. The Plan of Action, which is the consensus of all heads of governments of

member States of ECOWAS itemized all necessary actions to be taken against trafficking in

persons.105The Declaration and the Plan of Action Against Trafficking in Persons were adopted

during the annual ECOWAS Summit held in DAKAR in December 2001. These two instruments

mainly focus on criminal justice related responds to trafficking in human beings.

VII. Forced Labour Convention, 1930

Nigeria ratified the Convention on the 17th October 1960. It provides a basic definition of forced

labour that is still applicable to such present day international instruments on protocols against

smuggling and trafficking. The Convention requires the suppression of the use of forced or

compulsory labour in all its forms by State parties. The International Labour Organization (ILO)

Forced Labour Convention defines forced or compulsory labour as “all work or services which is

exacted from any person under the menace of any penalty or for which the person has not offered

himself voluntarily”.106 This is precisely how labour trafficking is perpetuated.

VIII. Minimum Age Convention (No. 138) 1973

The Minimum Age Convention, states the minimum age for admission to employment or work to

a level consistent with the fullest physical and mental development of young persons depending

105Gbadamosi, O. International Perspectives and Nigerian Laws on Human Trafficking (Benin City: All Nations Press,
2006) p. 80.
106 Article 2(1) ILO Forced Labour Convention, 1930.

44
on the type of employment or work. Article 2 provides that State parties shall declare a minimum

age for children to be admitted to work. The minimum age shall not be less than the age of

completion of compulsory schooling and, in any case, not less than 15 years. Nigeria ratified this

Convention on the 2nd October 2002. The International Labour Organization believes that not all

forms of work performed by children have to be abolished. On the contrary, some kinds of work

that are appropriate to the age and maturity of children may be helpful in increasing their sense of

responsibility, gaining skill and contributing to the family welfare. Therefore, there is a difference

between child work and child labour; where the former comprises light work and those activities

that do not harm the health and well being of minors, and the latter refers to hard labour that should

not be performed by children.107

IX. Worst Forms of Child Labour Convention (No. 182) 1999

This Convention, deals specifically with the abolition of worst forms of child labour. Article 1 of

this treaty calls on State parties to abolish the worst forms of child labour ‘as a matter of urgency’

and Article 3 defines the worst forms of child labour,108 as including: (a) all forms of slavery or

practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom

and forced or compulsory labour, including forced or compulsory recruitment of children for use

in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production

of pornography or for pornographic performances; (c) the use, procuring or offering of a child for

illicit activities in particular for the production and trafficking of drugs as defined in relevant

international treaties; (d) work which, by its nature or circumstances in which it is carried out, is

107 ILO, A Future Without Child Labour (ILO, 2002) 25.

108 For the purpose of the ILO Convention No. 182, a child is any person under the age of 18.

45
likely to harm the health, safety or morals of children. Convention No. 182 is the broadest

international instrument dealing specifically with child labour exploitation, including but not

limited to child trafficking and the sale of children for sexual or other forms of exploitation. It was

ratified by Nigeria on the 2nd October, 2002.

3.2 AGENCIES IN NIGERIA RESPONSIBLE FOR COMBATTING CHILD

TRAFFICKING AND ABUSE IN NIGERIA.

These are the creation of the law in Nigeria which are responsible for managing, controlling,

enforcing the laws to the extent that child trafficking, which is the subject of this research, manage

or eradicated. Examples of these agencies are:

• The National Agency for the Prohibition of Trafficking in Persons (NAPTIP),

• The Nigerian Immigration Service,

• The Nigerian Police.

3.2.1 The National Agency for the Prohibition of Trafficking in Persons (NAPTIP).

This agency is the created pursuant to Section 2 Trafficking in Persons (Prohibition) Enforcement

and Administration Act, 2015. As an agency, it is saddle with the responsibilities of performing

the following (in paraphrase):109steps taken to increase the effectiveness of eradication of

trafficking in persons, adopt witness protection measures, enhance effectiveness of law

109Trafficking in Persons (Prohibition) Enforcement and Administration Act, (2015) s5.

46
enforcement agents, establish and improve international cooperation, strengthen and supplement

measures in bilateral and multilateral treaties and conventions, prescribe punishment for

trafficking offenders, strengthen and enhance effective legal means for international cooperation

in criminal matters, take charge, supervise, control and co-ordinate rehabilitation of trafficked

persons, investigate and prosecute traffickers, and work in collaboration with other agencies or

bodies to ensure elimination and prevention of the root causes of the problem of traffic in persons.

In a bid to fully discharge of this duties, the organisation has set up four regional offices in Lagos,

Uyo, Benin, and Kano and established a National Investigation Task Force (NITF) made up of the

Nigerian Police, Immigration, and Directorate of State Services to monitor, look into, and respond

to the distress requests of victims and their families. In eleven of the Federation's States with the

worst trafficking difficulties, NITF has established small units and trained its members on the

requirements of the anti-trafficking law, victim care, Interpol standards, corruption, and human

rights issues.Officials from NAPTIP have taken part in awareness-raising initiatives on human

trafficking and the NAPTIP Act, focusing on traditional leaders, students, parents, organizations,

hotels, airline operators, and faith-based organisations. In addition, they have opened two shelters

and set up a round-the-clock hotline to help trafficking individuals. A national group that has

created a National Plan of Action against Trafficking puts them in the forefront.

3.2.2 The Nigerian Immigration Service

The Nigeria Immigration Service (NIS) is a paramilitary organization established to control the

entry and exit of all persons in Nigeria and monitor the largely porous border. Its duties include

all international migration activities, identity of migrants, and the process of leaving the nation-

47
state or entering the state. It also guards the great borders of the country by its officers who have

been placed in such places. 110

In line with achieving its objectives against trafficking, the NIS is obligated to provide security

checks on land borders. The main border countries with Nigeria are Cameroon (1,690 kilometres),

Niger (1,497 kilometres), Benin (773 kilometres) and Chad (87 kilometres). Most of these border

areas are mountainous, making effective border surveillance difficult. There are hundreds of illegal

routes in Nigeria that connect or take you to some countries around Africa, with hundreds of

footpaths from the Damaturu / Maiduguri axis to or from Cameroon, Chad or Niger. 111In order to

achieve this, the NIS has embarked and reported cases of trafficking, notwithstanding the onerous

responsibility of covering the field against the perpetrators of trafficking, such as handling 11

suspects to NAPTIP112 and in other instance, handling 9 Europe bound persons to NAPTIP.113

However, these important details are the constraints affecting the services of NIS, such as

inadequate sensitisation of officers on the end results of trafficking, lack of capacity to detect

victims and barons, inadequate training in the treatment of victims, forged documents, data

collection, improper documentation and lack of logistics, victims not reporting their exploiters to

the police, lack of technical expertise due to inadequate training of field personnel, and constraints

in inter-agency relations between Police and the Immigration Service.114

110Ebri,(2017). International Migration and the Study of Socio-Economic Development in Nigeria: The Role of
Nigerian Immigration Service. P. 23.
111Florence Ifeanyi-Aneke; Francisca ObiageliIfedi& Sandra Esther Aga ‘Nigeria immigration service and the challenge

of cross border human trafficking in Nigeria 2011 – 2019’. University of Nigeria Journal of Political Economy: (2021)
Volume 11, number 1, 124-134.
112https://www.premiumtimesng.com/news/more-news/587361-nis-hands-11-victims-of-human-trafficking-to-

naptip.html
113https://www.premiumtimesng.com/news/top-news/558596-nigeria-immigration-rescues-nine-europe-bound-

human-trafficking-victims.html?tztc=1
114UNODC Report of the international workshop of the task forces on the programme of action against trafficking in

young women and minors from Nigeria into Italy for the purpose of sexual exploitation 14-16 May 2003

48
3.2.3 The Nigerian Police

Section 194 of the Constitution designates the Nigeria Police Force (NPF) as the national police

with exclusive authority over the whole nation. It is in charge of jail, immigration, customs, and

internal security services in addition to traditional police duties. Investigation, arresting, and

prosecution of traffickers are all part of the police's responsibilities when it comes to this issue,

along with educating the public about it. 115 The NPF has set up specialised Anti-Human

Trafficking Units (AHTU) at the national office and juvenile welfare centres in twelve of the

Federation's States. While few cases of child trafficking are now being addressed at the federal

level, the bulk of cases currently handled by the State police involve young adults. More than 200

victims—most of them were children—have been sent to the Benin Republic. 116

The police work with the International Organization on Migration117 to provide assistance to

deported victims on their arrival in Nigeria. Victims are provided temporary shelter, but these

facilities are limited. The police face constraints such as the complexities of parents and guardians

in the trafficking of their minor children and the need for trained psychologists. The biggest

challenge the police face is lack of funds, as many victims do not view their situation as one of

empowerment.

3.3 THE POSITION AND CONTRIBUTION OF THE NIGERIAN COURT IN CHILD

TRAFFICKING MATTERS

115Presentation by Ms. Dorothee Gimba, Assistant Commissioner of Police at the 11th UN Congress on Crime
Prevention and Criminal Justice
116The Nigerian Country Paper for the 11th UN Congress on Crime Prevention and Criminal Justice
117 Established in 1951, IOM is the leading intergovernmental organization in the field of migration, committed to

ensuring humane and orderly migration benefits migrants and society. It is part of the United Nations system.

49
With respect to the duties imputed on the court as the watchdog of the constitution,118 the court

has entertained several cases with respect to child trafficking and this work will visit some of these

case laws and ultimately look at the progress of the judiciary as well as some of its challenges. As

a starter, The High Court has jurisdiction to try offences under the Act, 119 but before December

2004, there were no human trafficking charges in court that came to a successful end. Criminal

justice and law enforcement personnel are unfamiliar with the law and its specific provisions, and

courts do not have hard data on human trafficking cases.120 Judicial officers belatedly realised that

cases of slave dealing, child-stealing, unlawful removal from parental custody were trafficking

related, but they still could not supply statistics of the number of such cases their courts had

handled. Trafficking offenders were still being prosecuted under the provisions of the Criminal

and Penal Codes.121

In August 2004, however, officials of the Edo State Zonal Office of NAPTIP filed the first case

under the Trafficking Act. In Attorney-General of the Federation v Sarah Okoya, 122The accused,

Mrs. Sarah Okoya, was charged under various sections of the NAPTIP Act 2003 with prostitution,

contrary to Section 15(a) of the said Act, organizing foreign travel to promote prostitution, contrary

to Section 16 of the said Act, and deceitful inducement of the six girls to Section 19(1)(b) of the

said Act. The charge was filed on 12th August 2004, and she pleaded not guilty to the charges.

The accused procured six girls to travel with her to Cotonou in the Republic of Benin, where they

were to work for her as hairdressers and shop assistants. She collected money from them to procure

118MEGBA v. ADEGBORUWA & ANOR (2018) LPELR-46775(CA)

119
TIPLEA ACT 2015, s33.
120
Okojei et al, Report of Field Survey in Nigeria in Measures to Combat Trafficking in Human Beings in Benin,
Nigeria and Togo, UNODC, August 2004, p. 152.
121
Yaro, I.D. “Human Trafficking and Money Laundering Chain”. Being paper presented at the International Conference on Human
Trafficking Organised by the National Agency for the Prohibition of Traffic in Persons and Other Related Matters (NAPTIP)
International Conference Centre, Abuja, 1st December 2010.
122
(unreported)Suit No. B/15C/2004, delivered December 15, 2005.

50
travelling documents and plane tickets, and took them before a native doctor in a shrine to

administer oaths of allegiance and faithfulness. Upon their arrival in Cotonou, the accused

stationed them in a hotel and told them they had to prostitute themselves for their sustenance. The

girls rebelled and fled to the Nigerian Embassy, which repatriated them and the accused back to

Nigeria into the waiting hands of Immigration officials and NAPTIP investigators.The learned trial

judge found the accused guilty of the offences charged under Section 19(1) (b) of the Act, but not

guilty of those charged under Sections 15(a) and 16 of the Act. He sentenced the accused to a total

of 3 Years imprisonment with hard labour.

Also, in the case of Attorney-General of the Federation v. Monday Aikhomu123The accused, who

was apprehended in Kano Motor Park with three girls, was charged with procuring the girls for

prostitution, organising trips abroad to promote prostitution for the girls, and deceitfully enticing

the girls to travel with him from Edo State, Nigeria, to Niger Republic via Kano. The only

prosecution witnesses in court were the investigating officers, who also presented the testimonies

of the accused and the claimed victims. However, the girls declined to provide testimony in court

to back up their claim. Because there was insufficient evidence to convict the accused of the

claimed crimes, the court had no alternative but to discharge and acquit the accused.

Elsewhere, in the case of Hon. Attorney General of the Federation v Hussaina Ibrahim and Idris

Aminu,124The case of 15 Nigerian ladies deported from Saudi Arabia was reported to the Agency

for investigation. Hussaina Ibrahim was identified as a trafficker by one of the girls deported to

Nigeria with her. Idris Aminu – Alias VIP was identified as the facilitator or organizer of her trip

to Saudi Arabia to meet the first accused person. The accused persons were arraigned in Kano

High Court on four counts for charges ranging from procurement of persons for prostitution under

123(Unreported) Suit No. B/13C/2004, Benin High Court Judgement, delivered on December 15, 2005.
124Suit No. K/1TPP/2003

51
Section 15 to slave dealing punishable under Section 24 of NAPTIP Act 2003. On July 26th, the

first accused was sentenced to 3 years on the first count and 2 years imprisonment without option

of fines.

In another instance, in Attorney General of the Federation vChiomaOgbonna,125the accused is the

mistress of the victim's father and fraudulently took the victim away from her parent's home and

offered her for sale for a price of N400,000. She was arrested and arraigned before an Uyo High

court on a five-count charge. She pleaded guilty and was sentenced to 2 years imprisonment on 4

of the counts and 1 year imprisonment on the fifth count.

In reactions to the position of the court, we can deduce amongst other things that because of

adjournments, witness absences, public holidays, and changes in presiding judges, effective

prosecutions are hampered by excessive delays in the administration of justice. Due to insufficient

attentive prosecution, cases are either begun from scratch or removed from the court list. Besides,

as we see in Sarah Okoya’s case, it is difficult to comprehend how the court interpreted Sections

15(a) and 16 of the Act given that the girls' refusal to cooperate with the accused was the sole

factor that prevented the accused from using them for prostitution, despite having acquired them

and arranged for their international trip to Cotonou. The Act's clause only requires that the

objective of arranging the overseas journey be to engage in prostitution, not that prostitution itself

must actually take place. It is hoped that the justification used in this instance won't set a precedent

for similar cases in the future.

3.4 THE GOVERNMENTAL POLICIES AND PROGRAMME IN COMBATTING CHILD

TRAFFICKING AND ABUSE

125Suit No. HU/41C/2005

52
At the family level, Section 11 (a) of the Childs Right’s Act 2003 states that “No child shall be

subjected to physical, mental or emotional injury, abuse, neglect, or maltreatment including sexual

abuse’. Sub-Section (b) also protects the child from torture, inhuman or degrading treatment or

punishment. At the school level, Government has prohibited the practice of corporal punishment

on school children. Also, Government has put in place stringent measures to curb the occurrence

of sexual abuse of children in schools. It goes ahead to provides a penalty of 14 years imprisonment

for persons who sexually abuse or sexually exploits children in any manner. 126 The Universal Basic

Education programme aims at giving every child the right to go to school. The campaign by

government on Girl- Child Education is also aimed at encouraging the girl child especially in the

Northern part of the country to enroll in schools; e.g. Bauchi State has passed a Law prohibiting

withdrawal of girls from school for marriage. Also, the Cross River State recently passed a Bill

outlawing child marriage and female circumcision. Anambra State has banned children hawking

during school hours, and most recently passed its own Childs Right’s Law. In furtherance, the

existence of the Child Development Department of the FMWA as the coordinating body on all

issues relating to children is the first step in arresting the violence against children, while the

promulgation of the Child’s Rights Act 2003 and the domesticating of the Convention on the Right

of the Child are such giant steps taken towards arresting the cases of violence against children.

Courtesy calls and advocacy visits are being organized by a coalition of government officials,

international agencies, non-governmental organizations and members of the children’s parliament

to traditional rulers, community leaders, house hold heads and gate keepers, to sensitize and create

behavioral changes and attitudes towards traditional practices harmful to children (especially the

girl child), and on violence against children plus the pandemic nature of HIV/AIDS. Parents are

126CRA 2003 s32 (1)(2).

53
being urged through the media to respect the survival and developmental rights of children, to curb

use of children as hawkers or laborers and to give them sexual education. With regards to law

enforcement,the enactment of the CRA has provided a legal framework for the nation in the

prosecution of culprits of child violence. The establishment of the Child Trafficking Unit in the

Nigeria Police Force and the Nigeria Immigration Services are aimed at combating violence

against children. The Nigerian criminal law has several provisions protecting children from abuse

and sexual exploitation, ranging from physical, sexual, psychological, neglect and all other forms

of violence against children. Sections 223- 225 of the Criminal Code applicable in Southern

Nigeria provide for sanctions against whoever trades in prostitution or facilitates the transport of

human beings within or outside Nigeria. Sections 278 - 280 of the Penal Code applicable in

Northern Nigeria provides for imprisonment for the buying and selling of minors for immoral

purposes, buying or disposing of slaves; and unlawful compulsory labour. There is also an increase

in the level of arrest and prosecution of those involved in child trafficking and other forms of child

abuse. More-so, Section 28(1) a, b, and c, stipulates that:

No Child shall be: (a) Subjected to any forced exploitative labour; or (b) Employed to work

in any capacity except where he is employed by a member of his family on light work of an

agricultural, horticultural or domestic character; or (c) Required in any case, to lift, carry

or move anything so heavy as to be likely to adversely affect his physical, mental, spiritual,

moral or social development.

Conclusively, Human trafficking is a serious violation of human rights of persons and there is a

strong global resistance. Nigeria is not left behind in combating the menace of human trafficking,

with the National Agency for the Prohibition of Trafficking in Persons and Other Related Matters

(NAPTIP) and other security agencies set up to tackle the scourge. However, their effectiveness is

54
unsatisfactory due to the absence of a mechanism for the exchange of information and lack of

proper training of law enforcement or security agencies in the identification and handling of these

cases. Additionally, communities from where these victims of trafficking are sourced from are not

included in the activities of NAPTIP or the security agencies. Combating trafficking into and from

Nigeria remains a serious challenge and requires the unrelenting attention of law enforcement and

the public.

4.0 A COMPARATIVE ANALYSIS ON CHILD TRAFFICKING IN SOME FOREIGN

JURISDICTION

4.1 CHILD TRAFFICKING AND ABUSE LEGISLATION IN SOUTH AFRICA

South Africa like Nigeria is a member of several international bodies which sponsors, advocate

for the promotion, protection of the sensitization of the rights of children generally and particularly

of the South Africans. 127 The Constitution of the Republic of South Africa (CRSA) provides that

every child has the right to a name and nationality from birth, family care or parental care, basic

nutrition, shelter, basic health care services and social services, protection from maltreatment,

neglect, abuse or degradation, protection from exploitative labour practices, not to be required or

permitted to perform work or provide services that are inappropriate for a person of that child’s

127Susan Kreston, ‘Trafficking in person in South Africa: An analysis of an impending legislation’child abuse
research in south Africa (2007) 8(1) 35-50.

55
age, not to be detained except as a measure of last resort, and to be kept separately from detained

persons over the age of 18 years. Additionally, the child has the right to have a legal practitioner

assigned to the child by the state, and at state expense, in civil proceedings affecting the child.

Finally, the child has the right not to be used directly in armed conflict and to be protected in times

of armed conflict.128

Notwithstanding, the incorporation of the right of a child in their constitution, the legislative effort

of South Africa promulgated the Prevention and Combating of Trafficking in Persons Act

(PACOTIP).129 From its preamble, there is a commitment to the search for improved socio-

economic circumstances and the demand for services of victims of traffickingtowards the

combating and ultimately, the eradication of trafficking in persons.

The Act in defining Trafficking in person shows it (in paraphrase) as any person who delivers,

recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person within

or across the borders of the Republic is guilty of trafficking in persons. Additionally, any person

who adopts a child facilitated or secured through legal or illegal means, or concludes a forced

marriage with another person, within or across the borders of the Republic, for the purpose of the

exploitation of that child or other person is guilty of an offence. 130

The PACOTIP ACT, 2013 listed the following as offences:

i. Illegal or legal adoption of a Child to do exploitation: The Act renders anyone who adopts

a child legally or otherwise for exploitation is guilty 131and such a person is liable to pay

fine of not exceeding R100 Million or imprisonment, including life imprisonment and or

128 The Constitution of the Republic of South Africa (1996) s28.

1292013.
130PACOTIP ACT (2013), s4.
131 Ibid, s4(2)a

56
 such imprisonment without the option of a fine or both.132 Exploitation in this regard refers

to the following:133all forms of slavery or practices similar to it, sexual exploitation,

servitude, forced labour, child labour, the removal of body parts, and the impregnation of

a female against her will. However, this is subject to Section 51 of the Criminal Law

Amendment Act, 1997.

ii. Forced Marriage134: it is an offence to forcefully marry a child and whoever does this is

guilty and liable to pay fine of not exceeding R100 Million or imprisonment, including life

imprisonment and or such imprisonment without the option of a fine or both.135However,

the problem with this is the issue of consent. Can a child consent to marriage?

iii. Debt Bondage: this is an intentional act where a person enters into an agreement with

another person with a third party held in bondage as guarantee. 136However, who ever

undertake such an act is guilty of an offence and is liable to pay a fine or serve

imprisonment for a period not exceeding 15 years or both. 137However, what if there arise

a case where a person impliedly made another be subjected to being held in debt bondage?

iv. Destruction, Concealment or tampering with a document of a child: this provision forbids

the possession, destruction, confiscation, concealment of or tampering of document of

identification generally of victims of trafficking are guilty of committing a crime138 and is

punished with imprisonment for not exceeding 10 years or fine or both.139

132 Ibid, s13(1)a

133Ibid, s1.
134 Ibid, s4(2)b
135 Ibid, s4(2)b
136 Ibid, s5.
137 Ibid, s13(c).
138 Ibid s6.
139Ibid, s13d.

57
 v. Benefiting from the Services of a Victim: Any person who intentionally

benefits,financially or otherwise, from the services of a victim of trafficking or uses or

enables another person to use the services of a victim of trafficking and knows or ought

reasonably to have known or suspected that such person is a victim of trafficking, is guilty

of an offence.140However, who ever undertake such an act is guilty of an offence and is

liable to pay a fine or serve imprisonment for a period not exceeding 15 years or both.141

vi. Liability of Carrier: any person who intentionally transport a victim of trafficking or ought

to know that such a person is a victim of trafficking within the border of the Republic is

guilty of a crime.142 Also, a carrier who by reasonable ground suspect that any a passenger

is a victim of trafficking must immediately report to the police for investigation and failure

to comply is an offence. 143This offence is punishable by a fine or imprisonment for not

exceeding 5 years or both.144

We see how robust the piece of legislation is from the South-African counterpart especially when

the scope of trafficking and exploitation is considered. The Act also permits Minister to accredit

organizations which are interested in advancing the rights of a child.145The minister must also issue

a policy framework within a year which is subjected to frequent review.146

4.2 CHILD TRAFFICKING AND ABUSE LEGISLATION IN THE UNITED STATE OF

AMERICA

140 Ibid, s7.

141 Ibid, n135.
142 Ibid, s9(1).
143 Ibid, s9(2)(3).
144Ibid s13(e).
145 Ibid, s24-28.
146Ibid, s40.

58
Since 1973, child sexual abuse has been classified as a form of child maltreatment under federal

law in the United States. 147 Both federal law and state law prohibit it. 148 While each state has its

own unique child sexual abuse laws, they all share a few characteristics. Emphasis on this shall be

gleaned from the New York Penal code

Hence, in Nicolette’s case where she was accused of participating in prostitution in 2003, and her

case reached the First Department of New York's Appellate Division. The Legal Aid Society

argued that due to her age, she was legally incapable of expressing consent and was the victim of

child prostitution, not the perpetrator. 149The Society’s lawyers proved that because of this, she

could not be charged with the crime of prostitution. The New York State Penal Law states that a

child is deemed incapable of consent to a sex act,150 but the same states allows them to consent to

sexual conduct in return for a fee and must bear the consequences, in which case is a ‘class b’

misdemeanor.151 This was not unusual in the state of New York, where teenagers accused of

providing sex services were arrested routinely. In 2004, a coalition of non-governmental

organizations acting in the interests of minors was created to alter the law and practice, so that

children who were sexually exploited would be deemed victims rather than prosecuted. 152

The Juvenile Justice Coalition, The Legal Aid Society, and The Girls Educational Mentoring

Services created a Working Group in 2004 to change the law and practice to recognize children

who were sexually exploited as victims of a crime instead of prosecuted.The Safe Harbor for

147 Child Abuse Prevention and Treatment Act of 1974, (most recently reauthorized by Public Law No.108-36,
(2003)).
148 Index of Child Welfare Laws, Children's Bureau, U.S. Department of Health and Human Services.
149 K. Mullen, R. Lloyd, The Passage of the Safe Harbor Act and the Voices of Sexually Exploited Youth, [in:] Lawyer’s

Manual on Human Trafficking: Pursuing Justice for Victims, eds. J.L. Goodman, D.A. Leidholdt, New York 2013.
150 s130.05(3).
151s230.00.
152 Supra note 115.

59
Exploited Children Act of 2008 took many years to pass thanks to the Working Group's work, 153

and it was not until April 1, 2010, that it became law. The term "sexually exploited child" 154 was

introduced, and it was defined as any person under the age of 18 who performs sexual acts with

another person for payment, falls victim to the crime of forced prostitution, or lives on the streets

in order to engage in prostitution. It also made changes to the Social Service Law and the Family

Court Act.155

4.3 CHILD TRAFFICKING AND ABUSE LEGISLATION IN NIGERIA

With the objective of curbing the incessant rise in child trafficking and abuse, as this infamous act

dents the image of Nigeria, 156the Nigerian government set up schemes to prevent and/or deter the

active or passive commission of trafficking. 157 This legislative journey began with the ratification

of the United Nation Protocol to Prevent, Suppress, and Punish Trafficking in Person158 and the

domestic enactment of the Trafficking in Person (Prohibition) Enforcement Act(TPEA), 2015.

The objective of the Act in Paraphrase is to provide a framework for the prevention, detection,

prohibition, prosecution and punishment of human trafficking and related offense in Nigeria;

153 K. Wigle Weiss, A Review of the New York State Safe Harbor Law, New York 2013, p. 2.
154The N.Y. Social Services Law, s447-a.
155ZbigniewLasocik, ‘Protection of the Child Victims of Human Trafficking in the United States’,

StudiaIuridicaLublinensia, 2021 vol. XXX, 5. Accessed via <DOI: 10.17951/sil.2021.30.5.347-374> on the 23rd
March, 2023.
156 Human Rights and Trafficking in Person: Handbook by the Global Alliance against Trafficking. Available at

<https:\\www.gaate.org/books_pdf/Human%20Rights%and%20Trafficking%20in%20person.pdf> accessed 13 th
April, 2023.
157FolashadeOkeshola and Adebimpe, ‘Human Trafficking: AModern Day Slavery in Nigeria’, (2018) (8) (2) AIJCR,

40-43.
158 2001

60
Protect trafficking victims and to broker national and international cooperation to meet its

objectives.159

The TPEA Act goes ahead to spell other acts or omissions as offenses and are punishable under

the TPEA Act and examples are:

i. Slave dealing: it is an offense to embark on slave dealing or engaging or treating someone

as a slave. Acts or omissions such as these is punishable with a term of imprisonment for

not less than 7 years.160

ii. Importation and Exportation of any Person: any such act or omission of bringing a person

into Nigeria or out of it with the intention to use such person in prostitution or any other

exploitation is punishable with not less than 5 years of imprisonment. 161

iii. Procurement of any person for the purpose of exploitation:It is an offence to use force,

threat, coercion, intimidation to make a person to be engaged in prostitution or other forms

of exploitation. This is an offence punishable with not less than 5 years imprisonment. 162

iv. Procurement or recruitment of any person for organ harvesting. It is an offence to use

deception, threat, force, coercion to induce a person or enlist a person with or

withoutpayment for the purpose of removing the other person's organ. This is an offence

punishable with not less than 7 years imprisonment.It is my submission that the punishment

for this offence in this regard is not commensurate with. the offence. This offence should

be treated as a capital offence and any person found culpable should be sentenced to

death.163

159 TPEA ACT (2015), s2.

160 Ibid, s24.
161Dagaci A.M, ‘Trafficking of Women and Children in Nigeria: A Critical Approach’ (2016)(5)(3) AIJSS, 20-26.
162 Ibid s14.
163 Ibid, s15.

61
 v. Buying or selling of human beings for the purpose of exploitation:In Nigeria, 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.164

vi. Forced Labour: It is an offence to require, recruits, transports, harbours of receives or hires

out a person to be used for forced labour within or outside Nigeria. This offence is

punishable with not less than 5 years imprisonment. 165

vii. Employment of a child as a domestic worker and inflicting gricvous harm: It is an offence

to employ, recruit; require or hire out a childbelow the age of 12 years as a domestic

worker. Upon conviction, the accused is liable to a term of imprisonment not less than 6

months and not more than 7 years. However, if the child was employed or hired out to do

a work which is exploitative, injurious or hazardous to the physical, social or psychological

development of the child, the accused will be sentenced to not less than 2 years

imprisonment but not more than 7 years imprisonment.166

viii. 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. 167

164 Ibid, s20.

165 Ibid, s21.
166 Ibid, s22.
167 Ibid, s23.

62
 ix. Conspiracy:It is an offence to conspire with another person with the intention ofcommitting

any of the offences punishable under the Act.168

Through the TPEA Act, the National Agency for the Prohibition of Trafficking inPersons

(NAPTIP) The National Agency for the Prohibition of Trafficking in Persons(NAPTIP) was

created on 14th of July 2003.169

The Agency is the Féderal Goverment of Nigeria's response to addressing the scourge of

trafficking in persons. It is a fulfilment of the country's international obligation under the

Trafficking in Persons Protocol to prevent, suppress and punish trafficking in persons, especially

women and children, supplementing the United Nations Transnational Organized Crime.

Convention (UNTOC). Nigeria became a signatory to the Transnational Organized Crime

Convention and its Trafficking in Persons. The NAPTIP agency is saddled with responsibilities as

mentioned in the Act.170

NAPTIP rescued a total of 1,450 victims of trafficking in 2021, of which 1,266 were women.

Although “foreign travel which promotes prostitution” was previously the largest category for

Nigerian female trafficking victims who travel abroad, same has now been overtaken by child

abuse cases (312 totals in 2021, of which 215 were girls).171 The report also shows that there were

sixty eight (68) people involved in the employment of children as domestic workers and the

infliction of serious injury, including thirty (10.7%) male and thirty eight (11.4%) female.172

The various forms of abuse that children inherit or are inflicted with in relation to trafficking is

alarming. The Nigerian government may argue that the necessary framework against trafficking

168Ibid, s25.
169 Supra n137.
170NAPTIP ACT ( 2015) s5.
171NAPTIP 2021 Data Analysis,accessed via <https://naptip.gov.ng/wp-content/uploads/2022/06/2021-data-

analysis.pdf>, 13th April, 2023.

172 Ibid.

63
being established will decapitate the perpetrators of trafficking and deter them from carrying about

the crime; however, as we can glean from the provisions of the Act, the punishments are (almost)

incapable of leading to this end. 173The various forms of abuse that a child encounter in relation to

trafficking includes: discrimination on the basis of race, exploitation, harassment, torture,

imprisonment and deportation.174

The twist of this matter is that, child trafficking is punishable as a crime in Nigeria and arguably

that is perhaps the only ground upon which NAPTIP can succeed. Instead of this, child trafficking

and abuse should also be treated as human rights violations such that it allows for the combined

reading of the import of Chapter IV of the constitution.175 Thus, breeding the need for the

amendment of the constitution to wit; children being able to approach the court themselves or

perhaps through the operation and establishment of a special court for that purpose, which is in

contradistinction to the obtainable position being that they can only sue through their parents or

persons Locus-in-quo to such a child.

5.0 SUMMARY AND CONCLUSION.

5.1 SUMMARY

Factors that lead to abuse and trafficking if a child is replete and among them are; poverty, broken

family, debt, war, insecurity, etc,the end of which attempts to cancel the rights of the vulnerable

person. This abuse and trafficking may be borne from wickedness such as when a child lives with

his/her guardian and is maltreated or other forms of the act which results in the exploitation of the

child. No matter where it is viewed from, the deduction is that there are legislative and eradicating

173 Login S.K, ‘Legal Framework for Combating Human Trafficking in Nigeria: The Journey so Far’, (2015) Journal of
Law, Policy and Globalization, 210-215.
174 Supra n136.
175Constitution of the Federal Republic of Nigeria, 1999, as altered.

64
trafficking and abuse in almost every nation of the world and in relation to this research, the nations

being South Africa, the United States of America and Nigeria. This research also indicates that the

rights of children even though not fully expressive can be progressively realized for the “best

interest of the child”.

5.2CONCLUSION

Nigerian trafficking is characterized by a binding pact between the victim and the trafficker, where

the victim has to pay off the debt and the trafficker has to let the victim earn money for herself

after the debt has been paid off. If the victim is uncooperative, she may be exposed to a mixture of

violence and rituals which are coercive. In some cases, counter-trafficking efforts by law enforcers

in Europe and Nigeria have led to the wider use of violence by traffickers in a bid to maintain

control over the victims. Additionally, it is organized primarily by women, with many of the

traffickers having themselves been trafficking victims. Women who fulfill the pact are free to earn

a living on their own, but often find it difficult to find work in Europe that is unrelated to the

trafficking business.Trafficking in Nigeria has become increasingly common in recent years, with

traffickers turning to rural areas where women and girls have less access to information, are poorer,

and are easier to influence through religious rituals. This has led to an increase in the number of

women and girls being trafficked.176

Children are trafficked for a variety of reasons, including domestic service, sexual exploitation,

child soldiers, forced begging, organ harvesting and forced surrogacy. In Nigeria, children make

up the largest group of trafficking victims 177 and as a result of the TPEA and NAPTIP Act, we see

perpetrators of these unpopular act arrested, detained, prosecuted and in most cases imprisoned,

176<https://www.iom.int/news/human-trafficking-nigeria-europe> accessed 13th April, 2023.

177ToboreOvuorie,‘The Ugly Truth about Nigeria’s Child Trafficking’, 2022 DW. Accessed via
<https://amp.dw.com/en/the-ugly-truth-about-nigerias-child-trafficking/a-62622680>on the 13th April, 2023.

65
however, there remain a failure or inability to hold traffickers to account which means that the few

survivors who manage to escape often still live in fear of violence, or fear of their families being

harmed, if their traffickers find them.

This then begs the question, are Nigerian laws adequate in fighting the menace of abuse and

trafficking of children? Well, I’m my opinion, it is a no. Simply because the Constitution of

Nigeria, itself, promotes girl-child marriage178inferring, therefore, that any person who is married

has attained full age. This provision can be capitalized upon and allow, for example, a man to

marry as many children as possible and traveling legally with them for exploitation without

hindrance.

My deduction is that the Nigerian Government lack the political will to bring about a robust piece

of legislation to combat this menace of trafficking in Nigeria, unlike their South African

counterparts who spell the rights of children in their constitution.179

5.3 RECOMMENDATIONS

This research, therefore, recommends the following:

1. Section 15 of the TPEA Act with 7 years imprisonment be changed to carry the effect of

Capital Punishment. This provision is rather appealing to wit: trading in human part is

punishable for 7 years. This is an obvious lacunae as a person who actually murdered a

person and was caught with the body parts can hide under it especially where there are no

compelling evidence that he, himself, actually killed.

178CFRN(1999) s29(4)b.
179 Supra n127.

66
2. A review of theConstitutionof Nigeria to include the right of a child, not withstanding the

religious insensitivity attached to it and bestow upon them to approach the court directly

and not through their parents or locus in quo.

3. The removal of Section 29(4) b of the Constitution of the Federal Republic of Nigeria

which declares (impliedly) that an under-aged child is deemed to be of full age once she is

married.

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consequences and the way forward” European Law Review (2012) vol. 4; Issue 2; Page No. 17-26.
<https://docplayer.net/92993372-Child-trafficking-in-nigeria-causes-consequences-and-the-way-
forward.html> accessed on the 26th November, 2022.
14. GarbaUmaruKwagyang, Nik Ahmad Kamal Nik Mahmood “Child Trafficking and Religion: A Case Study
of Almajiri Education in Northern Nigeria”International Journal of Business, Economics and Law, (2015)
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Social Work. DOI: 10.1093/acrefore/9780199975839.013.616Kondrat, M. E. (2013). Person-in-
environment. Encyclopedia of Social Work. DOI: 10.1093/acrefore/9780199975839.013.285
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International and Nigeria Legal Provisions”, Beijing Law Review (2019). Accessed via
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<https://doi.org/10.4236/blr.2019.104058>on the 29 November, 2022.
19. Ihejieto, Chinyere Child labour, child education and poverty: a study of children on the street in Nigeria,
2020.<https://sure.sunderland.ac.uk/id/eprint/12066/1/CHILD%20LABOUR,%20CHILD%20EDUCATION%2
0AND%20POVERTY%20A%20STUDY%20OF%20CHILDREN%20ON%20THE%20STREET%20IN%20NIGERIA.p
df> accessed 25th

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20. IyabodeOgunniran, Child Rights Act Versus Sharia Law in Nigeria: Issues, Challenges and Way
Forward<https://ir.unilag.edu.ng/bitstreams/615b3873-1dff-444e-8f9f-3f4503106cb1/download> accessed
on the 2nd March, 2023.
21. John Bull Hope, “Rape and the Right of a Child under the Nigeria Legal System”, (2022), Available at;
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HE_NIGERIA_LEGAL_SYSTEM accessed 6th February, 2023.
22. Konstantopoulos, W.M., Ahn, R., Alpert, E.J., Cafferty, E., McGahan, A., Williams, T.P., Castor, J.P.,
Wolferstan, N., Purcell, G., and Burke, T.F. ‘An international Comparative Public Health Analysis of Sex
Trafficking of Women and Girls in Eight Cities: Achieving a more effective Health Sector Response' Journal
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Response to the Menace”, SAU Journal of Management and Social Sciences (2021)), Vol. 6, Special Issue.
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reconstruction”. (1991). Yale Law Journal, 100, 1329 - 1407
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LIST OF BOOKS

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1. K. Mullen, R. Lloyd, The Passage of the Safe Harbor Act and the Voices of Sexually Exploited Youth, [in:]
Lawyer’s Manual on Human Trafficking: Pursuing Justice for Victims, eds. J.L. Goodman, D.A. Leidholdt,
New York 2013.
2. Adesina, O.S. (2014) ‘modern day slavery: poverty and child trafficking in Nigeria' African
Identities,12(2),pp.165-179. [Online].
3. Aronowitz, A. A. (2017). Human trafficking: A reference handbook. California: Abc-Clio.

Available at: http://www.tandfonline.com/doi/pdf/10.1080/14725843.2014.881278Accessed: 25th

November, 2022..

4. Bales, K., &Soodalter. “The slave next door. Los Angeles, CA” (2009) University of California Press. Available

at: http://www.ucpress.edu/ebook.php?isbn=9780520942998 (Accessed: 28th October, 2015)

5. Barner, J. R., Okech, D. & Camp, M. A. Socio-economic inequality, human trafficking and the global slave

trade. (2014). Societies, MDPI, Open Access Journal, 4(2), 1-13. Accessed 4th feb., 2023

6. Bell, D. Faces at the bottom of the well: The permanence of racism. (1992). New York: Basic Books.

7. Delgado, R. (1995a). “Critical Race Theory: The cutting edge. Philadelphia”, PA: Temple University Press.

8. Diriwari, W. O. Efficacy of the legal frameworks for child protection in Nigeria (2016). Unpublished PhD

thesis Submitted to the Department of Politics, History and the Brunel Law School.

9. Gbadamosi, O. International Perspectives and Nigerian Laws on Human Trafficking (Benin City: All Nations
Press, 2006) p. 80.
10. Hughes, M.D, Sporcic, L.J, Mendelson, N.Z, and Chirgwin, V. (2005),“Coalition Against Trafficking in
Women” Fact book on Global Sexual Exploitation”, accessed via <www.catwpage.net..s.>on 29th
November, 2022.
11. Iguh, NwamakaAdaora and OnyekaNosike, An Examination of the Child Rights Protection and Corporal

Punishment in Nigeria. Lecturer, Department of Public and Private Law, Faculty of Law NnamdiAzikiwe

University Awka and Faculty of Law NnamdiAzikiwe University, Awka.

12. Lipede, A. (2007), “Women Trafficking and Insecurity in West Africa: Character, Trend and Scale in

Nigeria” in Barkindo, B.M and A. Lipede (ed.) Human Trafficking and Economic Crimes across Nigeria’s

International Borders, Ibadan: Spectrum Books Limited. PP.3 – 43

13. Loomba, A. (2005). Colonialism/Postcolonialism. New York, NY: Routledge

14. Olaniyan, T. (2005). Africa: Varied Colonial Legacies. In H. Schwarz, & R. Sangeeta Ray (Eds.), A
Companion to Postcolonial Studies. Blackwell Publishing, 269-281

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15. Omolola, I. (1982). Main Trends in African History from the Earliest Times to 1900, Omolayi Standard Press

Co

16. Onyango, P. &Kayango Male, D. (1982) Psychological effects of child labour, in: P. Onyango& D. Kayango

Male, (Eds.) Child labour and health (Nairobi, Journal of Eastern Africa and Development, University of

Nairobi).

17. Pearson, E. (2002). “Human Traffic, Human Rights: Redefining Victims’ Protection” Anti-Slavery

International, London.

18. Salihu, S. and Ajio, D.K, “Child Exploitation in the 21st Century”, (2009) Jos University press, Jos.

19. Scarpa, S., Trafficking in Human Beings: Modern Slavery (New York: Oxford University Press Inc. 2008) p.
94.
20. Shriver, J. (1998). Human Behavior and the Social Environment: Shifting Paradigms in Essential Knowledge

for Social Work Practice (2nd Ed.). Allyn & Bacon. Needham Heights, Mass.Skyttner, L. (1996). General

Systems Theory: Origin and hallmarks. Kybernetes, 25(6), 16-22. DOI: 10.1108/03684929610126283

LIST OF STATUTE

1. Child Rights Act, 2003.

2. Convention on the Elimination of all Forms of Discrimination Against Women (adopted 18th December
1979, entered into force 3rd September 1981)
3. Criminal Code Act, 2004.
4. ICCPR, Article 24 1966
5. ILO Forced Labour Convention, 1930.
6. Labour Act, 2004.
7. National Human Rights Commission Act (1993 No. 22) Cap. C23 LFN 2004.
8. Protocol to Prevent, Suppress, and Punish Trafficking in Persons. Especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime dated 15 November
2000 (BGBI 2005 11, S. 995). It became effective on 25-12-2003.
9. Rome Statute of the International Criminal Court, Article 7.
10. The 1951 Refugee Convention or the Geneva Convention of 28 July 1951.
11. The Constitution of the Federal Republic of Nigeria (1999)
12. The United Nations Convention on the Right of a Child (1989).
13. Trafficking in Persons (Prohibition) Enforcement and Administration Act, (2015)
14. Universal Declaration of Human Rights (adopted 10 December 1948)

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 TABLE OF CASES

1. AG, Lagos State v. AG, Federation [2004] 18 NWLR (Pt. 904) 1 SC,
2. Alabi v. Alabi (2007) 9 NWLR pt.1039, p.309
3. ANPP v IGP (2006) CHR 181.
4. Attorney-General of the Federation v. ChiomaOgbona
5. Attorney-General of the Federation v. Hussain Ibrahim
6. Attorney-General of the Federation v. Monday Aikhomu
7. Attorney-General of the Federation v. Sarah Okoya
8. Buwanhot v. Buwanhot (2011) FWLR pt. 566, p. 552 at 563
9. Charity Okafor v. Paul Okafor (2016) LPELR 40264)
10. Hon. MuyiwaInakoju& 17 Ors V Hon Abraham AdeoluAdeleke& 3 Ors (S.C. 272/2006)[2007] NGSC 55,
11. MEGBA v. ADEGBORUWA& ANOR (2018) LPELR-46775(CA)
12. Oduche v. Oduche (2006) 5 NWLR pt. 1039, p.297, CA
13. Odusote v. Odusote (2012) 3 NWLR pt. 1288, p.478 at 487
14. Ojeniran v Ojeniran (2018) LPELR-45697(CA).

LECTURE AND REPORTS

1. 2022 Trafficking in Persons Report:

2. ILO Global Report 2005: “A Global Alliance against Forced Labour” for estimates of annual profits from
human trafficking and forced labour by region
3. Mohammed Ali Mashi, Deputy Superintendent of Immigration Services (DSI), presented this paper at a
workshop in Bauchi, organized jointly by Nigerian Immigration Services and UNICEF
4. NAPTIP 2021 Data Analysis, accessed via <https://naptip.gov.ng/wp-content/uploads/2022/06/2021-data-
analysis.pdf>, 13th April, 2023
5. Presentation by Ms. Dorothee Gimba, Assistant Commissioner of Police at the 11th UN Congress on Crime
Prevention and Criminal Justice
6. The Nigerian Country Paper for the 11th UN Congress on Crime Prevention and Criminal Justice
7. U.S. Department of State, Country Reports- 2002: Nigeria, Section 6d.
8. UNODC Report of the international workshop of the task forces on the programme of action against
trafficking in young women and minors from Nigeria into Italy for the purpose of sexual exploitation 14-16
May 2003
9. Yaro, I.D. “Human Trafficking and Money Laundering Chain”. Being paper presented at the International Conference
on Human Trafficking Organised by the National Agency for the Prohibition of Traffic in Persons and Other Related
Matters (NAPTIP) International Conference Centre, Abuja, 1st December 2010.
10.
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