The Presiding Judge of the Jos Judicial Division of the National Industrial Court, Hon. Justice Ibrahim Galadima has convicted Prophetess Nwachukwu for an offence of trafficking in persons contrary to section 13(1) and (2)(a), (b) and (c) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.
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The Court sentenced Prophetess Nwachukwu to two years’ imprisonment and a fine of N250k, less one month already spent in custody pending admission to bail, for having found that the prosecution proved beyond reasonable doubt that Nwachukwu recruited, received, facilitated the transfer of, and trafficked two children by deceitful means and for unlawful purposes.
Justice Galadima further ordered that Nwachukwu’s name and photograph be entered into the National Trafficking Offenders Register and that Nwachukwu be placed under correctional monitoring upon her release in accordance with the law.
From the facts, the complainant, The People of Plateau State, had submitted that Prophetess Nwachukwu procured and trafficked two children through Pastor Bernard after paying N550k for each child under the guise of adoption and subsequently transferred the children to Lagos before they were recovered by law enforcement authorities.
In defence, Prophetess Nwachukwu maintained that she merely assisted a church member who wished to adopt a child, denied personally handling any money, and contended that what transpired was an adoption process rather than trafficking.
Counsel for Prophetess Nwachukwu argued that the People of Plateau State failed to prove the offence beyond reasonable doubt, submitting that there was no evidence of exploitation, force, deception or coercion, no documentary proof of payment for the children, and that the Plateau State Ministry of Justice lacked the statutory competence to prosecute offences under the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.
In opposition, learned counsel to the People of Plateau State, Joel Tahvan Esq, submitted that Prophetess Nwachukwu’s reliance on an alleged adoption process could not avail her, as no evidence of a lawful adoption, parental consent, adoption order or compliance with the Child Rights Law of Plateau State was produced before the Court.
Counsel consequently urged the Court to reject Prophetess Nwachukwu’s testimony as inconsistent with her earlier confessional statement, uphold the competence of the Plateau State Ministry of Justice to prosecute the charge, and convict Prophetess Nwachukwu as charged.
Delivering judgment after carefully evaluating the evidence and submissions of counsel, Hon. Justice Ibrahim Galadima held that the prosecution proved the charge beyond reasonable doubt through the documentary evidence, the written and video confessional statements, and the admissions made by Prophetess Nwachukwu during trial.
The Court stated that Prophetess Nwachukwu’s testimony corroborated the prosecution’s case, observing that although she sought to portray the transaction as an adoption arrangement, she admitted facilitating the collection and transfer of the children without knowledge of their parents, place of origin or any lawful adoption approval.
The Court held that the Trafficking in Persons (Prohibition) Enforcement and Administration Act criminalises the recruitment, transfer, receipt, transportation, harbouring and procurement of children for unlawful purposes, and that Prophetess Nwachukwu could not avoid criminal liability by describing the transaction as an adoption when the surrounding circumstances established an unlawful commercial transfer of children.
Justice Galadima stated that adoption is a statutory process requiring welfare investigation, parental consent, court approval and compliance with the applicable law, and held that the absence of any lawful adoption order or statutory authorisation, together with the payment of money, the involvement of intermediaries and the movement of the children, demonstrated that the arrangement was not a lawful adoption but trafficking in persons.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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