Is Prostitution Illegal in Nigeria? Here’s What The Constitution and Laws Say
Prostitution in Nigeria exists within a complex legal and social framework. While the act itself is not always explicitly defined as a standalone offence under a single nationwide statute, various laws effectively criminalise activities associated with it, making the practice largely illegal in practice.
Nigeria does not have a single, uniform rule criminalising prostitution nationwide. Instead, the legal position depends on a combination of the Constitution of the Federal Republic of Nigeria, the Criminal Code, the Penal Code, and regional legal systems like Sharia law.
What The Constitution Says And Doesn’t Say
The 1999 Constitution of Nigeria does not expressly criminalise prostitution. Instead, it provides fundamental rights that shape how prostitution-related laws are interpreted. For instance, Section 34 talks about ‘Right to dignity of the human person;’ Section 37, ‘Right to private and family life;’ Section 41, ‘Freedom of movement;’ and Section 42 explains ‘Freedom from discrimination.’
These provisions mean that private, consensual adult activity is not directly outlawed by the Constitution itself. However, these rights are not absolute and can be limited by criminal laws.
Criminal Code And Indirect Criminalisation
The Southern part of Nigeria uses the Criminal Code Act. This act does not explicitly outlaw the act of prostitution itself, but it criminalises activities surrounding it.
In the criminal code, Section 223-225A talks about ‘Procuring women or girls for prostitution’, ‘Procuring through threats, fraud, or drugs’, ‘Abduction for sexual exploitation’ and ‘Living on earnings of prostitution or soliciting.’
Although prostitution itself is not always directly named as a crime in every legal text in the criminal code, activities surrounding it such as solicitation, brothel-keeping, and public indecency, are criminalised. This effectively means that engaging in prostitution in Nigeria often leads to legal consequences.
Additionally, Section 225B hints that ‘Managing or owning a brothel is an offence’ while Section 231 also talks about ‘Indecent acts in public places.’
Penal Code And Direct Criminalisation
In Northern Nigeria, where the Penal Code (and in some states, Sharia law) is used, it explicitly criminalises prostitution. Relevant Provisions like Section 405–406 in the Penal Code, ‘Defines and punishes prostitution’. Section 405 defines a prostitute as “a person who, for his or her own gratification, engages in sexual intercourse for payment.” Section 406 criminalizes the act, stating that “whoever engages in the business of prostitution shall be punished with imprisonment which may extend to one year or with fine or with both.”
Unlike the South, both the act and related activities are illegal in the North.
What Legal Luminaries Have To Say
Barrister Innocent Ofili, an Abuja-based lawyer said that “the constitution is silent on the issue of prostitution, though that does not imply that it is not a crime”. Ofili added that, “the penal code spells out punishment for prostitution and some other crimes that the constitution seems to be silent about.”
In the same line of thought, a lecturer from the department of law, University of Calabar, Barr. Ekemini Godwin, explained that “under Nigerian law, particularly the Criminal Code Act, applicable in southern Nigeria, and the Penal Code, applicable in northern Nigeria, several provisions target prostitution-related activities. For instance, the Criminal Code criminalises the operation of brothels, living off the earnings of prostitution, and procuring individuals for sexual exploitation. Sections such as 223, 224, and 225 prohibit the management of brothels and exploitation of sex workers. Similarly, the Penal Code contains provisions that punish solicitation, public indecency, and acts considered immoral or against public order.”
Ekemini noted that “in northern states that operate under Sharia law, prostitution is treated more severely. It is classified as a moral offence and may attract strict punishments, including fines, imprisonment, or corporal punishment, depending on the jurisdiction and circumstances.”
She concluded that “another important law is the Trafficking in Persons (Prohibition) Enforcement and Administration Act, enforced by the National Agency for the Prohibition of Trafficking in Persons, NAPTIP. This law focuses on preventing human trafficking and exploitation, including forced prostitution, and imposes heavy penalties on offenders.”
In conclusion, while prostitution may not be uniformly defined as a singular offence across all legal systems in Nigeria, the combination of criminal, penal, and religious laws makes it largely illegal and punishable in practice.
