US embassy cable - 04LAGOS2394

UNCLAS LAGOS 002394 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, KCRM, KWMN, NI 
SUBJECT: TIP: COURT DELIVERS FIRST CONVICTION UNDER 
ANTI-TRAFFICKING LAW 
 
1. Summary.  The High Court in Benin City delivered the 
first conviction under the 2003 Human Trafficking 
Prohibition Law last week.  Sarah Okoya was found 
guilty of attempting to procure persons for 
prostitution, attempting to organize foreign travel for 
prostitution, and deceitfully inducing persons to 
travel out of Nigeria.  The judge sentenced Okoya to 
three years' imprisonment, eleven years less than the 
maximum penalty.  The conviction was an important 
symbolic step in Nigeria's efforts to combat 
trafficking.  It both reflects and reinforces the 
gradual change in attitude toward trafficking as a 
serious crime, and hopefully will pave the way for 
future convictions.  End summary. 
 
2. On November 18, the high court in Benin City 
delivered the first conviction under Nigeria's Human 
Trafficking Prohibition and Law Enforcement Act of 
2003.  According to a press release from the National 
Agency for the Prohibition of Trafficking in Persons 
(NAPTIP), Sarah Okoya was found guilty on six counts 
each of attempting to procure persons for prostitution, 
attempting to organize foreign travel for persons for 
prostitution, and deceitfully inducing persons to 
travel out of Nigeria. The Edo State chief judge 
sentenced Okoya to thirty-six months' imprisonment. 
 
3. According to the verdict, Okoya convinced six girls 
to travel with her under the pretext that she had jobs 
for them in Spain.  Her defense was that the girls' 
parents agreed to let them go with her.  The party 
travelled only as far as Cotonou, Benin, before Okoya 
was arrested and she and the girls were returned to 
Nigeria by the Nigerian Embassy.  NAPTIP brought 
charges against her September 29, 2004. 
 
4. The court could have sentenced Okoya to a fourteen 
year prison term.  The judge, however, declined to 
sentence Okoya to the maximum ten-year term for 
deceitful inducement, saying she did not agree with the 
penalty provisions in that section of the law. 
According to newspaper reports, the judge also said 
that if Okoya had succeeded in trafficking the girls 
into prostitution, she would have faced the full brunt 
of the law because that offence "undermines the 
integrity of the society and brings an international 
disgrace to Nigerians."  The judge  noted that 
trafficking is now a topical international issue and 
took the opportunity to warn parents about the new 
trafficking prohibition law. 
 
5. Shadrach Haruna, head of the NAPTIP Legal and 
Prosecution Department, told Poloff the court case 
received significant coverage in the Benin City media. 
Coverage in papers with national circulation, however, 
has been limited.  Haruna said NAPTIP currently is 
prosecuting five other trafficking cases.  He and other 
officials hope the Okoya conviction will demonstrate 
Nigeria's  commitment to combatting traffficking and 
help pave the way for additional convictions. 
 
6. Comment.  Achieving this first conviction was an 
important milestone for NAPTIP in demonstrating the 
brunt of the anti-trafficking law.  That the chief 
judge presided over the case also is a sign of the 
court's seriousness.  The judge's comment that the 
penalty for deceitful inducement to travel was too 
severe was somewhat unfortunate, but overall, the 
verdict was a good one.  Additionally, the judge's 
admonishment to parents hopefully will make another 
dent in the common perception that it may be in the 
family's best interest to send children away.  It also 
suggests parents might be held liable.  The emerging 
realization that trafficking reflects poorly on Nigeria 
internationally may help combat the crime, especially 
given the current heightened attention government and 
society are focusing on improving Nigeria's image 
abroad.  End comment. 
 
BROWNE