Case Law Database

Trafficking in persons

Other Crimes

Attorney General of the Federation v. Joseph Sunday Effiong

Fact Summary

The accused was alleged to have had custody of I.S. as a domestic helper and engaged in unlawful carnal knowledge with her, thus causing her to fall pregnant. He also detained her against her will and overpowered her by threatening her with a cutlass, a gun, and by gagging her mouth.

Sentence Date:
2008-01-15
Author:
UNODC

Keywords

Acts:
Harbouring
Receipt
Means:
Threat or use of force or other forms of coercion
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Internal
Sector in which exploitation takes place:
Domestic servitude

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Involved Countries

Nigeria

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

1st Instance:

Court: Federal Court of Nigeria

Date of decision: 15 January 2008

Reference: Attorney General of the Federation v. Joseph Sunday Effiong, Charge No. FHC/UY/70C/07

 
 

Victims / Plaintiffs in the first instance

Victim:
I.S.
Gender:
Child
Nationality:
Nigerian
Age:
11

Defendants / Respondents in the first instance

Defendant:
Joseph Sunday Effiong
Gender:
Male
Nationality:
Nigerian
Age:
30
Legal Reasoning:

1st Instance:

The court held that the prosecution had proved the guilt of the accused beyond reasonable doubt only respect of the first two charges. The accused was sentenced to ten years imprisonment for each of the two convictions. However, it was ordered that the sentences be served concurrently.

Charges / Claims / Decisions

Defendant:
Joseph Sunday Effiong
Legislation / Statute / Code:
Section 13(1) of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003
Charge details:
Having the custody, charge or care of any person under the age of 18 and causing or encouraging the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon any person
Verdict:
Guilty
Legislation / Statute / Code:
Section 13(1) of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003
Charge details:
Detaining a person under the age of 18 against such person’s will in or upon any premises for the purposes of having unlawful carnal knowledge of this person
Verdict:
Guilty
Legislation / Statute / Code:
Section 18(b) of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003
Charge details:
Procuring under false pretence any person under the age of 18 to have carnal connection with a man
Verdict:
Not Guilty
Legislation / Statute / Code:
Section 18(c) of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003
Charge details:
Administering to any person under the age of 18, or causing any person under the age of 18, to take any drug or any other thing with intent to, stupefy or over-power such person in order to enable any man, whether a particular man or not, to have carnal knowledge of such person
Verdict:
Not Guilty
Term of Imprisonment:
10 years

Court

Federal High Court of Nigeria

Sources / Citations

Attorney General of the Federation v. Joseph Sunday Effiong, Charge No. FHC/UY/70C/07