Justice Ayokunle Faji of a Federal High Court in Lagos has convicted and sentenced human trafficker, Mercy Moses to five years’ imprisonment for trafficking girls for prostitution contrary to the provision of the Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA).
Justice Faji handed down the verdict after he found Moses guilty of the charge brought against her in case number FHC/L/685C/2024, filed by the National Agency for the Prohibition of Trafficking of Persons (NAPTIP).
The judge held that, under Section 21 of TIPPEA, the prescribed minimum sentence is mandatory, and the court has no discretion to impose a lesser penalty.
The defence’s request for a reduced sentence, made by the defence lawyer, Uche Eze, was rejected, as the court found the cited authorities neither applicable nor properly presented.
Relying on legal precedents, Justice Faji reaffirmed that courts must impose the minimum sentence when mandated by statute, and any deviation could be reversed on appeal.
As a result, the convict was sentenced to five years’ imprisonment, effective from her arrest on September 6, 2024.
The court also imposed a fine of N2 million, in accordance with the law, and ordered her to pay 1,300 Libyan Dinars as compensation to the victim, Moses Prosper, also known as Samuel Mercy, as requested by the prosecutor, U. I. Egonu.
The court further stated that the defendant admitted collecting money from the victim but claimed it was proceeds from prostitution.
The court held that since the money belonged to the victim, allowing the defendant to keep it would amount to unjust enrichment.
Citing Section 65(2) of TIPPEA, which authorises courts to award restitution to trafficking victims, Justice Faji stated that the victim had suffered economic loss and deserved restitution.
He also affirmed the court’s role in ensuring exploited persons receive appropriate compensation alongside offender penalties.
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