Justice Ayokunle Faji of a Federal High Court, Lagos, has convicted and sentenced a woman, Mercy Moses, to five years’ imprisonment after convicting her of human trafficking under the Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA).
Justice Faji convicted and sentenced the woman on Monday, while delivered the judgment in charge marked FHC/L/685C/2024, filed by the National Agency for the Prohibition in Trafficking of Persons (NAPTIP) against the convict.
In his sentencing the convict, Justice Faji held that the punishment prescribed under Section 21 of TIPPEA is mandatory, leaving the court with no discretion to impose a sentence below the statutory minimum.
The judge rejected the plea by the convict’s counsel, Barrister U. M. G. Eze, for a lesser sentence, noting that the authorities cited by the defence were neither properly presented nor applicable to the circumstances of the case.
Relying on the plethoras of legal authorites, Justice Faji emphasized that where a statute prescribes a minimum sentence, courts are bound to enforce it. He added that any sentence below the statutory minimum would be liable to reversal on appeal.
Consequently, the judge sentenced the convict, Mercy Moses to five years’ imprisonment of the charge.
The judge however held the the sentence takes effect from September 6, 2024, the date she was arrested.
Justice Faji also imposed a fine of N2 million in line with the provisions of the law, while also ordered the convict to pay 1,300 Libyan Dinars as compensation to the victim, identified as Moses Prosper, also known as Samuel Mercy, as requested by the prosecutor, Barrister U. I. Egonu
Justice Faji held that the defendant had admitted collecting the money from the victim, although she claimed it was proceeds of prostitution. The court ruled that the admission established that the money belonged to the victim and that allowing the convict to retain it would amount to unjust enrichment.
Invoking Section 65(2) of TIPPEA, which empowers courts to award compensation to victims of trafficking, Justice Faji said the victim had suffered economic loss and was entitled to restitution. He stressed that the court was duty-bound to ensure that exploited persons receive appropriate compensation in addition to the punishment imposed on offenders.