A study on the adequacy of the legal framework against child trafficking in Nigeria with special reference to the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003

Abstract

Child trafficking in Nigeria has reached an alarming stage, and has evaded all efforts put in place by the Government. Children as young as 6 to 15 years are trafficked for domestic work, prostitution and other forms of exploitative labour. Nigeria is a source, transit and destination country for child trafficking. The consequences of child trafficking in Nigeria transcend personal injury to the victim of child trafficking alone, as it also affects family and society at large. This may take the form of unwanted pregnancy, disease and death, and psychological trauma, as well as a bad international image for the country among others. This research identifies who is a child under Nigeria law, with a view to ascertaining the extent to which children are trafficked. The research, further studies legislation on child trafficking in Nigeria from the pre-colonial to the post colonial period to identify its weaknesses in fighting child trafficking and recommend changes needed to fight the menace. The international and regional instruments that are meant to fight child trafficking adopted by Nigeria will also be examined to see their impact on national laws in fighting child trafficking. Likewise, those not adopted but relevant if adopted will not be left out. The Trafficking in Person (Prohibition) Law Enforcement and Administration Act 2015 as amended, the most recent law enacted to coordinate and enforce all laws on child trafficking in Nigeria, will be analysed to see whether it is adequate and effective in fighting child trafficking in Nigeria. Multiple methodologies were employed in order to carry out the research effectively. Empirical research was conducted utilizing a qualitative method, apart from conducting library research through journals, statutes and articles. Academic journals, chapters from books, case law, gazettes and text books, were examined to ascertain the adequacy and effectiveness of the NAPTIP Act in controlling child trafficking. To further support the data obtained on the subject, the study also carried out several interviews with relevant stakeholders to identify consistencies between the reports and personal encounters experienced by those who are directly involved in the business of controlling child trafficking in Nigeria. The research findings show that the NAPTIP Act is not adequate and effective in fighting child trafficking in Nigeria because of emerging phenomenon such as “baby harvesting” and some current realities such as corruption among Immigration officials, under funding of NAPTIP by the Government, and none adoption of Hague Convention No.33 by the Nigeria Government among others. The research suggests that more funds should be injected into NAPTIP so as to enable it to monitor the activities of traffickers across Nigeria. The NAPTIP Act should be amended to address all weaknesses identified in the Act so that it can be adequate and effective in controlling child trafficking in Nigeria.