Delta State Human Trafficking (prohibition) Law, 2024

DELTA STATE HUMAN TRAFFICKING (PROHIBITION) LAW, 2024

1. Short Title and Commencement. This Law may be cited as the Delta State Human Trafficking (Prohibition) Law, 2024 and shall come into force on the date it receives assent from the Governor of Delta State.

2. Interpretation. In this Law, unless the context otherwise requires: "Abuse of a position of vulnerability" means taking advantage of a person due to the person?s condition or position, including but not limited to: (a) pregnancy or any physical or mental infirmity or disability of the person, including addiction to the use of any substance; or (b) reduced capacity to form judgement by virtue of being a child, terminal disease, illness, infirmity or a physical or mental disability; or (c) promises or giving sums of money or other advantages to those having authority over a person; or (d) being in a precarious situation from the standpoint of social survival, female sex workers, male sex workers; or (e) other relevant factors. "Asset" means items of ownership convertible into cash, the total resources of a person or business, as cash, notes and accounts receivable, securities, inventories, goodwill, fixtures, machinery, or real estate; "Attachment" includes forfeiture or the permanent deprivation of property by order of a Court; "Attorney-General" means the Honourable Attorney General and Commissioner for Justice, Delta State; "Brothel" means any place used or designed to be used for the purpose of prostitution. It includes any building or place where acts of prostitution occur, irrespective of any other services that may also be provided, such as photography, massage, relaxation therapy, or other services of a like nature; "Child" means a person under the age of 18 years; "Coercion" means the use of force or threat thereof, and some forms of non-violent or psychological use of force or threat thereof, including but not limited to: (a) threats of harm or physical restraint of any person; (b) any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; (c) abuse or any threat linked to the legal status of a person; (d) psychological pressure. "Commercial carrier" means a legal or natural person who engages in the transportation of goods or people for commercial gain; "Confidential Information or Document" means information, plans, identities of victims of trafficking, documents or data of any nature whatsoever relating to or in connection with or in support of the operations and activities of the Task Force including terms and conditions of any partnership, collaboration and any matter concerned with or arising there from; "Constituent States within Nigeria" means any State within the Federal Republic of Nigeria; "Constitution" means the Constitution of the Federal Republic of Nigeria, 1999 (as altered); "Debt bondage" means the status or condition arising from a pledge by a debtor of his or her personal services or those of a person under his or her control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or if the length of those services is not limited and defined; "Exploitation of children" means any institution or practice whereby a child under the age of eighteen years is delivered by either or both of his or her natural parents or by his or her guardian to another person, whether for reward or not or for debt bondage, with a view to the exploitation of the child or of his or her labour; "Exploitation of the prostitution of others" means the unlawful obtaining of financial or other material benefit from the prostitution of another person; "Export" means to take or cause to be taken out of Delta State; "Financial or other Material Benefit" includes any financial or non-financial inducement, payment, bribe, reward, advantage, or service (including sexual or other services); "Forced labour or services" means all work or service that is exacted from any person under the threat of any penalty and for which the person concerned has not offered him or herself voluntarily; "Force" or "Coercion" includes obtaining or maintaining through act of threat the labour, service, or other activities of a person by physical, legal, psychological, or mental coercion, or abuse of authority; "Forced or servile marriages" means any institution or practice in which: (a) a person without the right to refuse, or a child is promised or given in marriage on payment or promise of a consideration in money or in kind to his or her parents, guardian, family or any other person or group; or (b) the husband of a woman, his family or his clan has the right to transfer her to another person for value received or otherwise; or (c) a woman on the death of her husband is liable to be inherited by another person; "Freezing" means temporarily prohibiting the transfer, considering disposal or movement of money or Assets or temporarily assuming custody or control of money or Assets; "Governor" means the Governor of Delta State of Nigeria; "Grievous harm" means any harm which amounts to a maim or dangerous harm or which seriously or permanently injures health, or which is likely so to injure health, or which extends to permanent disfigurement or any permanent or serious injury to any external or internal organ, member, or sense; "High Court" means the High Court of Delta State; "House" means the Delta State House of Assembly; "Home" means any place, whether permanent or temporary, where children are birthed or kept for sale, or where persons are harboured for the purpose of birthing children for sale; "Import" means to bring or cause to be brought into Delta State; "Investigating Agency" means the Task Force or Law enforcement Agency to which a case of Trafficking is reported or referred for investigation; "Law enforcement officer" means: (a) an authorised officer of the Task Force; (b) a police officer; (c) an officer of the Nigerian Security and Civil Defence Corps; (d) an officer of the Department of State Services; (e) an officer of the National Agency for the Prohibition of Trafficking in Persons; "Organised criminal group" means a structured group of two or more persons acting in concert with the aim of committing one or more offences established under this Law, in order to obtain, directly or indirectly, a financial or other material benefit; "Person" means a natural person and a legal entity; "Practices similar to slavery" include debt bondage, serfdom, servile forms of marriage and the exploitation of children; "Prosecutor"means the Office of the Honourable Attorney-General and Commissioner for Justice; "Prostitution" means the offering by a person of his or her body to a person of the same or different sex for sexual gratification in return for payment and includes sexual intercourse;

'Serfdom" means the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his or her status; "Servitude" means the labour conditions and/or the obligation to work or to render services from which the person in question cannot escape and which he or she cannot change; "Sexual Exploitation" means obtaining financial or other benefits through the involvement of another person in prostitution, sexual servitude, or other kinds of sexual services, including pornographic acts or the production of pornographic materials; "Slave" means a person who is held in bondage whose life, liberty, freedom and property are under the absolute control of someone; "Slavery" means the status or condition of a person over whom control is exercised to the extent that the person is treated like property; "State" means Delta State of Nigeria unless the context indicates otherwise; "State Government" means the Government of Delta State of Nigeria; "Task Force" means the Delta State Government Task Force Against Human Trafficking and Irregular Migration established under Section 4 of this Law; "Task Force Vote" means the Task Force Vote established under Section 29 of this Law; "Temporary Residence" means shelter established by the Task Force to receive, care for, rehabilitate, and reintegrate victims of human trafficking into society; "Trafficked Person" means a victim of human trafficking; "Trafficker" includes a person or an entity that commits or is in the process of committing, aids, abets, facilitates or consents to an act of trafficking in persons; "Trafficking in persons" means the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of force or other means of coercion, or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include the exploitation of the prostitution of other or other forms of sexual exploitation, forced labour or services, slavery, or practices similar to slavery, servitude, or the removal of organs; "Victim" means a victim of trafficking in persons; "Victims Trust Fund" means the Victims of Trafficking Trust Fund established under Section 42 of this Law; "Victims Trust Fund Committee" means the Victims of Trafficking Trust Fund Committee established under Section 43 of this Law;

3. Objectives of this Law. The objectives of this Law are to: (a) prevent and combat trafficking in persons in the State; (b) protect and assist the victims of trafficking and protect their human rights; (c) ensure the just and effective prosecution and punishment of traffickers; and (d) promote and facilitate cooperation to meet the objectives in paragraphs (a), (b) and (c) of this section.

4. Establishment and Membership of the Task Force. (1) There stands established in the Ministry of Justice an Inter-Agency Task Force to prevent Human Trafficking and Irregular Migration. (2) The Task Force shall comprise the following persons: (a) The Attorney-General and Commissioner for Justice who shall Chair the Task Force. (b) The Official in the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) with operational command over Delta State, who shall Co-Chair the Task Force. (c) The Adviser to the Governor on Human Trafficking Matters. (d) An Officer from each Ministry, Department and Agency listed below, not below Grade Level 14, nominated by the Commissioner or Official in charge of the Ministry, Department or Agency (as the case may be): (i) Ministry of Women Affairs, Community and Social Development, (ii) Ministry of Humanitarian Support Services and Girl Child Entrepreneurship, (iii) Ministry of Youth Development, (iv) Ministry of Information, (v) Delta State Job and Wealth Creation Office; and (vi) Delta State Orientation Bureau. (e) A serving officer of the Nigeria Police Force not below the rank of a Superintendent, nominated by the Commissioner of Police, Delta State Command. (f) A serving officer of the Nigeria Immigration Services not below the rank of an Assistant Comptroller, nominated by the official with operational command over Delta State. (g) A serving officer of the Department of the State Security Services nominated by the official with operational command over Delta State. (h) A serving officer of the Nigeria Security and Civil Defence Corps not below the rank of an Assistant Commandant, nominated by the official with operational command over Delta State. (i) A serving member of the Federal Road Safety Commission not below the rank of an Assistant Corps Commander, nominated by the official with operational command over Delta State. (j) A serving officer of the Nigeria Drug Law Enforcement Agency not below the rank of a Superintendent, nominated by the official with operational command over Delta State. (k) A Traditional Ruler in the State nominated by the Chairman of the Delta State Traditional Rulers Council. (l) Three representatives of non-governmental organisations Network that specialise in Counter-Trafficking in Persons, nominated by the Chair of the Task Force in consultation with the Co-Chair. (m) Two representatives of religious organisations in the State, one each nominated by: (i) the Delta State Chapter of Christian Association of Nigeria, and (ii) the Delta State Chapter of the Nigerian Supreme Council for Islamic Affairs. (iii) A Legal Officer in the State Ministry of Justice not below Grade Level 14 nominated by the Chair of the Task Force, who shall be the Secretary of the Task Force. (3) The Governor shall appoint the members of the Task Force. (4) In nominating an individual for appointment as a member of the Task Force under subsection (2) of this section, the person making the nomination shall satisfy himself or herself that the nominee understands the issues relating to trafficking in persons.

5. Tenure of office. (1) Except for the members mentioned in section 4(2)(a), (b), (c) and (n) of this Law, a member of the Task Force shall, subject to section 6, hold office for 4 years from the date of his or her appointment and shall be eligible for reappointment for another period of 4 years and no more. (2) Membership of the Task Force shall be on a part-time basis and the Governor may, from time to time, pay each member of the Task Force such allowances the Governor may determine as appropriate. (3) Where a member of the Task Force dies, resigns, or ceases to hold office for any reason, the Governor may fill the vacancy using the same procedure through which the person to be replaced (the replaced member) was appointed. (4) A person appointed as a member of the Task Force under subsection (3) of this section shall complete the unexpired residue of the replaced member and shall, subject to subsection (5) of this section, be eligible for reappointment as a member of the Task Force. (5) A term of office for any duration under subsection (4) of this section shall be regarded as a term of office for the purposes of subsection (1) of this section.

6. Resignation, removal, disqualification, ineligibility, etc. for office of member of the Task Force. (1) A member of the Task Force may resign from office by written notice to the Governor, through the Attorney-General, of his or her resignation and the resignation shall take effect on the day on which the Governor receives the notice. (2) The Governor may, at any time, remove a member of the Task Force from office if the Governor is satisfied that: (a) the member has become incapable of performing his or her functions through ill-health; (b) the member has become disruptive; or (c) the removal of the member appears necessary to the Governor for the Task Force?s effective performance of its functions. (3) A member of the Task Force shall cease to hold office if he or she: (a) is declared bankrupt; (b) is found guilty of gross misconduct; or (c) is convicted of an offence.

7. Functions and Powers of the Task Force. (1) The Task Force shall, in addition to other functions and Powers conferred on it by this Law: (a) Coordinate the implementation and enforcement of this Law, including developing guidelines. (b) Develop, within one year of the enactment of this Law, a plan of action consisting of a comprehensive set of measures for: (i) preventing trafficking in persons, (ii) identifying, assisting, and protecting victims of trafficking, including victims who are repatriated from another place to Delta State, (iii) prosecuting traffickers, (iv) training relevant actors, and (v) coordinating and monitoring the plan?s implementation. (c) Without limiting the generality of paragraph (b), policies and programmes made under the plan of action may be designed to: (i) prevent victims from revictimisation, (ii) disseminate information and raise awareness about trafficking in persons in cooperation with the media, non-governmental and civil society organisations, (iii) develop educational programmes to address gender discrimination and promote gender equality and respect for the dignity and integrity of every human being, (iv) encourage the inclusion of trafficking in persons and human rights in educational curricula, (v) reduce the factors that facilitate the exploitation of persons, (vi) address the underlying causes of trafficking, (vii) reduce the vulnerability of children to trafficking, and (viii) ensure effective action against traffickers. (d) Establish procedures to collect data and promote research regarding the scale and nature of trafficking in persons, the factors that facilitate trafficking in persons and best practices for the prevention of trafficking, assisting, and protecting victims of trafficking. (e) Request and facilitate the investigation and/or prosecution of any person, body or entity alleged to have committed an offence under this Law. (f) Facilitate cooperation between the various Government Agencies, and between Governmental and Non- Governmental Agencies. (g) Enter such partnerships as may be necessary for the discharge of the functions of the Task Force. (h) Act as a focal point in the State for Government and Non- Governmental Agencies, and other bodies and actors involved in the prevention of trafficking in persons, the prosecution of traffickers and assisting victims of trafficking. (i) Carry out such other functions as are necessary or expedient to ensure the efficient performance of its functions under this Law. (2) The Task Force may appoint one or more committees to carry out such functions of the committee as it may determine, provided that the decision of such Committee shall not have effect until it is confirmed by the Task Force. (3) The Governor shall have overall direction, control, and supervision of the Task Force.

8. Meetings. (1) Unless the Attorney-General directs otherwise, the Task Force shall meet not more than six (6) times in each year. (2) The quorum of a meeting of the Task Force shall be six members. (3) At a meeting of the Task Force: (a) the Task Force Chair shall, if present, be chairperson of the meeting; or (b) if the Task Force Chair is not present, the Co-Chair shall be the chairperson of the meeting; or (c) if neither the Task Force Chair nor Co-Chair are present, the members of the Task Force present at the meeting shall choose one of the members in attendance to act as the chairperson. (4) At a meeting of the Task Force: (a) Each member of the Task Force present at a meeting shall have a vote. (b) A question for which a vote is required shall be determined by a majority of the votes of the Task Force members present and voting on the question. (c) If there is an equal division of votes, the person chairing the meeting shall have a second and casting vote. (5) Subject to subsection (2) of this section, the Task Force may act notwithstanding one or more vacancies among its members.

9. Liability of the Task Force. Neither the Task Force nor its members or former members (including the Secretary or a former Secretary) shall be liable in damages regarding any act done or omitted to be done by it or him or her (as the case may be) in the performance, or purported performance, of its or his or her functions under this Law, unless the act or omission concerned was done in bad faith.

10. Secretary of the Task Force. (1) There shall be a Secretary of the Task Force who shall be a serving Legal Officer in the Ministry of Justice not below Grade Level 14. (2) The Governor shall appoint the Secretary on the Attorney-General?s recommendation. (3) The Secretary shall: (a) implement the policies and decisions of the Task Force; (b) manage and control generally the Task Force?s administration; (c) be responsible to the Task Force for the performance of his or her functions; and (d) perform such other functions as may be required by the Task Force or as may be authorised under this Law. (4) The Task Force Chair may, with the Governor?s consent, remove or suspend the Secretary from office on grounds of misconduct. (5) There shall be paid to the Secretary such allowances as applicable to other Agencies in the State. (6) If the Secretary: (a) dies, resigns, becomes disqualified for, or is removed from office; or (b) is for any reason temporarily unable to continue to perform his or her functions; the Task Force Chair may designate another person to perform the functions of the Secretary until: (i) in the circumstances mentioned in paragraph (a), a new Secretary shall be appointed in accordance with subsection (1) of this section, or (ii) in the circumstances mentioned in paragraph (b), the Secretary can resume the performance of his or her functions.

11. Organisational structure of the Task Force. Subject to the provisions of this Law, the Task Force shall determine its organisational structure for the purpose of exercising its functions under this Law.

12. Annual Report. (1) The Task Force shall issue an annual report to the Governor on its activities, including but not limited to data on the victims assisted and traffickers investigated and/or prosecuted, and the number of traffickers convicted. (2) Data collected under this Law shall be considered as classified for the protection and privacy of the victims.

13. Application of this part. (1) This Part applies to any offence established under this Law when the offence (or any part of it) was committed in Delta State. (2) Notwithstanding subsection (1) of this section, this Part also applies to any offence established under this Law committed outside Delta State when: (a) the offence was committed by an indigene of Delta State; (b) the offence was committed by a non-indigene of Delta State who has his or her habitual residence in the State at the time of the commission of the offence; or (c) the offence is committed against a victim who is an indigene of Delta State.

14. Trafficking in persons. (1) Any person who by means of: (a) the threat or use of force or other forms of coercion; (b) fraud, deception, abuse of power or of a position of vulnerability; or (c) giving or receiving of payments or benefits to achieve the consent of a person having control over another person; acquires or sells, recruits, transports, transfers, harbours or receives another person for the purpose of exploiting that person commits an offence and, shall be liable on conviction to imprisonment for a term of not less than 7 (seven) years and a fine of not less than N7,000,000,00 (Seven Million Naira). (2) In this section, exploitation includes: (a) slavery or practices similar to slavery; (b) the exploitation of the prostitution of others or other forms of sexual exploitation; (c) forced or coerced labour or services, including bonded labour and debt bondage; (d) servitude, including sexual servitude; (e) the removal, acquisition or sale of bodily organs; (f) illicit conduct of biomedical research on a person; (g) the use in illicit or criminal activities, including the trafficking or production of drugs; (h) the use in an armed conflict; (i) forced or servile marriage; (j) forced or coerced begging; (k) the use of women as surrogate mothers; and (l) forced pregnancy. (3) The consent of a victim of trafficking in persons to the intended exploitation shall be irrelevant where any of the means set out in subsection (1) of this section has been used. (4) The acquisition, sale, export, import, recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered as trafficking in persons, even where it does not involve any of the means set out in subsection (1) of this section, and any consent given to such act or purpose shall be irrelevant. (5) Any person who operates, manages, or keeps a Home where children are birthed or kept for sale, or otherwise facilitates the birth and/or sale of a child from such Home commits an offence and, is liable on conviction to imprisonment for a term of not less than 7 (seven) years and a fine of not less than N7,000,000.00 (Seven Million Naira).

15. Aggravating circumstances. If any of the following circumstances are present, the offence under section 14(1) shall be punishable by imprisonment of not less than 10 (ten) years and a fine of not less than N10,000,000.00 (Ten Million Naira) where: (a) the offence involves serious injury or death of the victim or another person (without prejudice to any prosecution for the offence of murder), including death as a result of suicide; (b) the offence involves a victim who is particularly vulnerable, including a pregnant woman; (c) the offence exposed the victim to a life-threatening illness, including HIV/AIDS; (d) the victim is physically or mentally handicapped; (e) the victim is a child; (f) the offence involves more than one victim; (g) the crime was committed as part of the activity of an organised criminal group; (h) a child has been adopted for the purpose of trafficking; (i) the offender has been previously convicted for the same or similar offences; (j) the offender is a spouse or the conjugal partner of the victim; (k) the offender is in a position of responsibility or trust in relation to the victim; (l) the offender is in a position of authority concerning the child victim; and (m) the victim was stupefied or administered with any narcotic or psychotropic substance.

16. Use of forced labour and services. Anyone who provides or makes use of the services or labour of a person or profits in any form from the services or labour of a person with the prior knowledge that such labour or services are the object of exploitation as defined in section 14(2) of this Law commits an offence and shall be liable on conviction to imprisonment for a term of not less than 7 (seven) years and a fine of not less than N5,000,000,00 (Five Million Naira).

17. Facilitating the offence of trafficking in persons. Any person who: (a) participates as an accomplice in the crime of trafficking in persons; (b) facilitates, organises or directs one or more persons to commit the crime of trafficking in persons; (c) operates, manages or keeps a Brothel where a person is kept for any form of sexual exploitation or allows his or her premises to be used as a brothel; commits an offence and shall be liable on conviction to imprisonment for a term of not less than 5 (five) years and a fine of not less than N5,000,000.00 (Five Million Naira).

18. Attempt to Commit Offence. A person who attempts to commit any of the offences under this Law shall be punished as if the offence attempted had been committed. An attempted offence is punishable by the same penalty as is prescribed for the commission of the offence.

19. Unlawful disclosure of the identity of victims and/or witnesses. Any person who discloses without lawful authority to another person any information acquired during his or her official duties that enables or leads to the identification of a victim and/or witness of trafficking in persons commits an offence and shall be liable on conviction to imprisonment for a term of not less than 2 (two) years and a fine of not less than N1,000,000.00 (One Million Naira).

20. Identification of victims of trafficking in persons. The Task Force shall: (a) establish guidelines/procedures to identify victims of trafficking; (b) develop and disseminate to professionals who are likely to encounter victims of trafficking, information and materials concerning trafficking in persons, including but not limited to a procedural manual on the identification and referral of victims of trafficking; and (c) collaborate with relevant Governmental, Non-Governmental Organisations, and International Organisations to provide assistance to victims.

21. Information to victims. (1) The Task Force shall inform victims of trafficking regarding the protection, assistance, and support to which they are entitled, including assistance and support by Non-Governmental Organisations and other victim-centred agencies, and information on any legal proceedings related to them. (2) The information under subsection (1) of this section shall be provided in a language that the victim understands. If the victim cannot read, he or she shall be briefed by a member of, or a person authorised by the Task Force.

22. Child victims and witnesses. In addition to any other guarantees provided in this Law: (a) Child victims and/or witnesses shall be given special care and attention. (b) When the victim?s age is uncertain and there are reasons to believe that the victim is a child, he or she shall be presumed to be a child and shall be treated as such, pending verification of his or her age. (c) Assistance to child victims and/or witnesses shall be provided by trained personnel and in accordance with their special needs, especially regarding accommodation, education, and care. (d) If the victim or witness is a child without the presence of a legal guardian (an unaccompanied minor), the Task Force shall: (i) take the necessary steps to appoint a legal guardian to represent the child?s interest, (ii) take all necessary steps to establish the child?s identity, (iii) make every effort to locate the child?s family when this is in the child?s best interest, (iv) Child victims and/or witnesses shall be provided with information in a language that they use and understand. (v) In all cases involving a child victim or witness: (i) Interviews, examinations, and other forms of investigation shall be conducted by trained personnel in a suitable environment and in a language that the child uses and understands and in the presence of his or her parents, legal guardian, or a member of or person authorised by the Task Force. (ii) Court proceedings shall always be conducted privately, away from the presence of media and public. Child victims and witnesses shall always give evidence out of sight of tire defendant.

23. Protection of victims and witnesses in court. (1) Without prejudice to the protections available under the Administration of Criminal Justice Law or any other Law, a Judge may, on a party?s application or of his own volition, order that: (a) court proceedings be conducted privately, away from the presence of media and public; (b) records of the court proceedings containing the real name and address of the victim or witness be sealed; (c) evidence of a victim or a witness be heard through a video link or the use of other communications technology, behind a screen or similar adequate means out of view of the defendant; (d) the victim uses a pseudonym; and/or (e) the identity and address of the victim or witness is not disclosed.

24. Participation in the criminal justice process. The court shall provide the victim with an opportunity to present his or her views, needs, interests and concerns for consideration at appropriate stages of any judicial proceeding relating to the offence under this Law, either directly or through his or her representative, without prejudice to the rights of the defence.

25. Right to initiate civil action. (1) A victim of trafficking shall have the right to initiate civil proceedings to claim pecuniary or non-pecuniary damages suffered by him or her as a result of acts specified as criminal offences by this Law, including: (a) payment for non-pecuniary damages, resulting from moral, physical or psychological injury, emotional distress, pain and suffering suffered by the victim as a result of the acts committed against him or her; and (b) any other costs or losses incurred by the victim as a direct result of those acts as reasonably assessed by the court. (2) The right to pursue a civil claim for pecuniary or non-pecuniary damages shall not be affected by the existence of criminal proceedings in connection with the same acts from which the civil claim derives. (3) The immigration status or the return of the victim to his or her place of origin or residence or other absence of the victim from the State shall not prevent the court from ordering payment of compensation under this section.

26. Court-ordered compensation. (1) Subject to section 42 of this Law, where an offender is convicted of an offence under this Law, the court may, in addition to any other punishment, ordered by the court, order the offender to compensate the victim and reimburse the State for any expenses incurred in caring for the victim. (2) The aim of an order for compensation is to make reparation to the victim for the injury, loss or damage caused by the defendant, including: (a) costs of medical, physical, psychological, or psychiatric treatment required by the victim; (b) costs of physical and occupational therapy or rehabilitation required by the victim; (c) costs of necessary transportation, temporary childcare, temporary housing, or the movement of the victim to a place of temporary safe residence; (d) legal fees and other costs or expenses incurred, including costs incurred related to the participation of the victim in the criminal investigation and prosecution process; (e) payment for non-pecuniary damages, resulting from moral, physical, or psychological injury, emotional distress, pain, and suffering suffered by the victim as a result of the crime committed against him or her; and (f) any other costs or losses incurred by the victim as a direct result of being trafficked and reasonably assessed by the court. (3) When making an order for compensation, the court shall consider the defendant?s means and ability to pay compensation in accordance with the Administration of Criminal Justice Law. (4) The immigration status or the return of the victim to his or her place of origin or residence or other absence of the victim from the State shall not prevent the court from ordering payment of compensation under this section.

27. Jurisdiction to try offences. The High Court shall have jurisdiction to try offences, and to hear and determine proceedings arising under this Law.

28. Adoption of measures to avoid delays. In any proceedings under this Law, the court shall have the power to adopt any legitimate measure that it deems required to avoid unnecessary delays and abuse.

29. Funding of the Task Force. (1) There shall be established for the Task Force, a Vote of Charge in the Ministry of Justice from which the administrative costs and all activities of the Task Force shall be funded. (2) Without prejudice to subsection (1) of this section, the Ministry of Justice shall, with the Governor?s approval, open a dedicated bank account for the Task Force, through which the Task Force may receive: (a) any take-off grant from the State Government; (b) other subventions approved by the State Government for the Task Force; (c) aids, gifts, grants or loans (however described) from the State Government or any institution, or any government, including the Federal Government of Nigeria, Non-Governmental Organisations, other donor agencies, partners, and the private sector; provided such grants are not intended for purposes contrary to the objects and functions of the Task Force; (d) all other sums as may, from time to time, become payable to or vested in the Task Force regarding any matter incidental to its functions; (e) all other funds that may accrue to the Task Force from sources approved by the State government.

30. Power to accept Gifts. (1) The Task Force may accept gifts of land, money, or other property in kind on such terms and conditions, if any, as may be specified by the person or organisation making the gift; provided that the terms and conditions of the gifts are not contrary to or inconsistent with the objectives and functions of the Task Force. (2) Any monetary gift received under subsection (1) of this section shall be deposited in the account described in section 29(2) of this Law.

31. Search, Arrest and Seizure. A law enforcement officer shall have the power to investigate the alleged commission of an offence under this Law; provided that the provisions of the Administration of Criminal Justice Law of the State shall apply in any such case with respect to search, arrests and seizure of property for an offence under this Law.

32. Protection of informants and information. Where any person volunteers any information that may be useful in the rescue of a victim of trafficking or investigation or prosecution of an offence under this Law to the Task Force, the Task Force shall take all reasonable measures to protect the identity of that person and the information so volunteered shall be treated as confidential.

33. Freezing orders. (1) The court may, on an ex parte application by the Attorney-General or any person authorised by him/her to a Judge in Chambers, make an order prohibiting any person from engaging in any conduct, or obliging any person to cease any conduct, concerning property in respect of which there are reasonable grounds to believe that the property is owned or controlled by or on behalf of, or at the direction of any entity that has committed, attempted to commit, participated in or facilitated the commission of an offence under this Law. (2) An order made under subsection (1) of this section may include an order to freeze any such property. (3) The court may make an interim order under subsection (1) of this section pending its final determination of an application for such an order. (4) For the purposes of this section, an entity means a person, organisation, trust, partnership, fund, or an incorporated or unincorporated body.

34. Declaration of forfeiture on conviction. (1) Whenever any person is convicted of an offence under this Law, the court in passing sentence shall, in addition to any punishment which that court may impose in respect of the offence, declare any property which is reasonably believed to have been used: (a) in the commission of the offence; or (b) for the purpose of or in connection with the commission of the offence, and which was seized under any power exercised under section 31 or is in the possession or custody or under the control of the convicted person, to be forfeited to the State; Provided that the Attorney-General shall notify the Governor of forfeiture and seek the Governor?s consent for either: (i) the Task Force?s use of the property in discharging its functions, or (ii) the property?s disposal and payment of the proceeds thereof into the Victims of Trafficking Trust Fund. (2) The court which makes the declaration of forfeiture of property referred to in subsection (1) of this section shall order the Chief Registrar to forthwith publish such declaration calling upon interested parties through the media and by notice in the Gazette to indicate their interest in the property concerned in any prescribed manner. (3) Any property forfeited under subsection (1) shall, if it was seized under any power exercised under section 31, be kept or, if it is in the possession or custody or under the control of the convicted person, be seized and kept: (a) for a period of 45 days after the date of the notice published in the Gazette; or (b) if any person referred to in section 35 has, within the period contemplated in paragraph (a) made an application to the court concerned regarding his/her interest in such property, until a final decision has been rendered in respect of any such application. (4) Subject to this section and section 35, where any part of the property forfeited under this section comprises money in a bank or other financial institution, or in the possession of any person, the Task Force shall cause a copy of the order to be produced and served on any official of the bank or other financial institution, or the person in possession of the money, and that official or person shall pay over the money into the Victims of Trafficking Trust Fund. (5) Any person on whom an order is served under subsection (4) of this section and who fails to pay over any money to the Victims of Trafficking Trust Fund commits an offence under this law and, is liable on conviction to imprisonment for a term of not less than 1 year without the option of a fine. (6) The Task Force may make rules, guidelines or regulations for assets forfeiture, disposal and management under this Law.

35. Interests of third parties regarding forfeited property. (1) A declaration of forfeiture under section 34(1) shall not affect any interest, which any person other than the convicted person may have in the property in question, if the former proves: (a) that he/she acquired the interest in the property in good faith and for consideration, whether in cash or otherwise; and (b) that: (i) the circumstances under which he/she acquired the interest in that property were not of such a nature that he/she knew or ought reasonably to have known or suspected that it was property used as contemplated in section 34(1), or (ii) he/she could not prevent the use of that property as contemplated in that section. (2) Subject to subsection (1) of this section, the court concerned or, if the Judge is not available, any Judge of the court, may at any time within 12 months from the date of the declaration of forfeiture, on the application of any person, other than the convicted person, who claims that he/she has any interest in the property in question, inquire into and determine any such interest. (3) If the court referred to in subsection (2) of this section finds: (a) that the property is wholly owned by the applicant, the court shall set aside the declaration of forfeiture in question and direct that the property be returned to the applicant or, if the Task Force has disposed of it, direct that the applicant be compensated by the State in an amount equal to the value of the property disposed of; or (b) that the applicant has an interest in the property: (i) the court shall direct that the property be sold by public auction and that the applicant be paid out of the proceeds of the sale an amount equal to the value of his/her interest therein, but not exceeding the proceeds of the sale, or (ii) if the Task Force has disposed of the property, the court shall direct that the applicant be compensated by the State in an amount equal to the value of his/her interest therein.

36. Properties subject to forfeiture. (1) Without prejudice to the provisions of this Law or any other Law permitting the forfeiture of property, the following shall be subject to forfeiture under this Law: (a) Any vehicle or vessel used or intended for use to transport or in any way facilitate the trafficking of any person. (b) All monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished in connection with an offence under this Law or all proceeds (however described) of any offence under this Law. (c) All real property, including any right, title, and interest (including any leasehold interest) in the whole or any parcel of land and any improvements or appurtenances used or intended to be used in any way to commit or facilitate the commission of an offence under this Law. (d) Any International passport or International means of identification. (2) Notwithstanding subsection (1) of this section, a vehicle or vessel used by any person as a commercial carrier shall not be forfeited under this Law unless it appears that the owner of the vehicle or vessel consented to, was privy, or otherwise facilitated a violation of this Law.

37. Disclosure and Investigation of assets and properties. (1) Where a person is arrested or is under investigation for an offence under this Law, the law enforcement agency investigating the offence shall trace all the assets and properties of the person acquired as a result of the offence. (2) Where a person is arrested for allegedly committing an offence under this Law, the person shall make a full disclosure of all his or her assets and properties by completing the Declaration of Assets Form as specified in Form 1 in the Schedule to this Law. (3) Any disclosure made under subsection (2) of this section shall be investigated by the law enforcement agency. (4) Any person who: (a) knowingly fails to make a full disclosure of his or her assets and properties; (b) knowingly makes a false declaration; or (c) otherwise fails, neglects or refuses to make a declaration or provide any information required in the Declaration of Assets Form; commits an offence and is liable on conviction to imprisonment for a term of two years.

38. Offences in relation to forfeiture Orders. A person who, without due authorisation by the Task Force, deals with, sells, or otherwise disposes off any property or asset that is the subject of final forfeiture order, commits an offence and is liable on conviction to imprisonment for a term of 5 years without the option of a fine.

39. Consequences of an acquittal. (1) Where a person is discharged or acquitted by a court of an offence under this Law, the court may make an order of revocation or confirmation (as the case may be) of an interim attachment order made under this Law. (2) Where an interim order is revoked by a court under subsection (1) of this section, all assets and properties of the person concerned shall be released; provided that assets and properties may remain attached where a discharge is merely given on technical grounds.

40. Treatment of Victims of Trafficking. The Task Force shall use its best endeavours to ensure that: (a) a victim of trafficking is not detained nor subjected to discriminatory- treatment on any ground, including race, colour, gender, sex, age, language, religion, political or other opinion, cultural beliefs or practices, national, ethnic or social origin, property, birth or other status, including his/her status as a victim of trafficking or having worked in the sex industry; (b) while a victim of trafficking is resident in a shelter of the Task Force, or in a shelter that he/she has been placed in by the Task Force, he/she shall have free access to reasonable health care and other social services during the period of shelter; (c) a victim of trafficking shall be able to return to his/her place of origin of residence safely, if and when he/she wishes and is able to do so; (d) where a victim of trafficking does not reside in the State, he/she shall not be denied temporary residence in Delta State during the pendency of any criminal, civil or other legal action in the State; (e) investigation, detection, gathering and interpretation of evidence shall be conducted in such a manner as to minimise an intrusion into the personal information of a trafficked person; (f) the identity of a victim of trafficking shall be protected; and (g) a victim of trafficking and his/her family are protected from intimidation, threats, and reprisals from traffickers and their associates including reprisals from persons in position of authority.

41. Establishment of Transit Shelters. (1) The Task Force shall use its best endeavours to establish temporary residences to be known as Transit Shelters. (2) The Task Force shall use the Transit Shelters to provide protection, assistance, counselling, and rehabilitation for victims of trafficking to facilitate their reintegration into society.

42. Victims of Trafficking Trust Fund. (1) There is hereby established for the Task Force a Victims of Trafficking Trust Fund. (2) There shall be credited into the Victims Trust Fund established under this section: (a) any take-off grant or special intervention fund provided by the State Government; (b) such monies as may be appropriated to meet the objectives of the Victims Trust Fund by the House; (c) proceeds from the sale of property forfeited under this Law; (d) all compensation and fines awarded by the court in respect of offences committed under this Law; (e) any aids, grants, gifts, donations or assistance from bilateral or multilateral agencies, Non-Governmental Organisations, other donor agencies, partners and the private sector that are specifically for the Victims Trust Fund; and (f) any other sums that may accrue to the Victims Trust Fund from time to time. (3) Except for sums paid under section 42(2)(c) and (d) of this Law, the Governor shall approve all monies paid into the Victims Trust Fund. (4) The Task Force shall, with the Governor?s approval, make regulations and issue guidelines for managing the Victims Trust Fund established under subsection (1) of this section. (5) Notwithstanding subsection (4) of this section, the Victims Trust Fund shall be utilised solely: (a) to pay compensation, restitution, and damages to trafficked persons; and (b) to fund victim support services for victims of trafficking.

43. Victims of Trafficking Trust Fund Committee. (1) There stands established the Victims of Trafficking Trust Fund Committee, which shall be constituted by the Task Force Chair, subject to the Governor?s approval. (2) The Victims Trust Fund Committee shall consist of: (a) the Task Force Chair; (b) the Task Force Co-Chair; (c) the Secretary of the Task Force; (d) two other members of the Task Force, one of whom shall be the member representing a Non-Governmental Organisation on the Task Force; and (e) Ministry of Women Affairs, Community and Social Development. (3) The Victims Trust Fund Committee shall: (a) manage all monies, aids, grants, gifts, bequests, endowments, donations, or assistance accruing to the Victims Trust Fund; (b) solicit for monies for the Victims Trust Fund; and (c) approve the payment of monies from the Victims Trust Fund to victims of trafficking based on criteria approved by the members of the Task Force on the recommendation of the Victims Trust Fund Committee. (4) A member of the Victims Trust Fund Committee shall cease to hold office if he or she ceases to be a member of the Task Force.

44. Meetings of the Victims Trust Fund Committee. The Victims Trust Fund Committee: (a) shall meet least twice a year and on such other occasions as it may consider necessary; (b) may make rules and standing orders to regulate its proceedings; and (c) may co-opt any person to assist it in carrying out its assignments under this Law; provided that a co-opted member shall not have the right to vote at the Committee?s meetings.

45. Pre-action Notice. (1) No civil action shall commence against the Task Force, a member, or an authorised officer of the Task Force before the expiration of a period of 30 days after a written notice of intention to commence the suit shall have been served on the Task Force by the intending plaintiff or his agent, and the notice shall clearly state the: (a) cause of action; (b) particulars of claim; (c) name and address of intending plaintiff; and (d) relief(s) sought. (2) The notice referred to in subsection (1) of this section and any summons or other documents required or authorised to be served on the Task Force under this Law or any other Law, may be served by hand delivery to the Secretary of the Task Force or by substituted service.

46. Restriction on Execution against Task Force's Property. In any action against the Task Force, no execution shall be levied or attachment process issued against the Task Force unless at least three (3) months? notice of such intention to execute or attach has been given to the Task Force.

47. Indemnity of Officers of the Task Force. A member of the Task Force, the Secretary or any other officer of the Task Force shall be indemnified out of the assets of the Task Force against any proceeding brought against him/her, whether civil or criminal in which Judgement is given in his/her favour or in which he is acquitted, if any such proceeding is brought against him/her in his/her capacity as a member of the Task Force, Secretary, officer of the Task Force.

48. Official Secret and Confidentiality. (1) Any person having any official duty or engagement with the Task Force shall regard and deal with all documents and information of any Trafficking case, victim of Trafficking and/or asset forfeited to the victims trust fund as confidential. (2) Any official document or information arising from the Task Force?s activities shall be regarded as confidential and nothing in such document or information shall be publicised or communicated to any third party by any person having any official duty or engagement with the Task Force in possession or receipt of such confidential information or document without the consent of the Attorney General. (3) No person appointed or engaged by the Task Force shall be required to produce any document or to divulge or communicate any information that enables or leads to the identification of a victim and/or witness of trafficking in persons that comes into his or her possession during his or her official duties except with due approval from the Attorney General and as may be necessary in order to institute an investigation or prosecution, or in the course of a prosecution for any offence committed. (4) Any person who breaches this section commits an offence and is liable on conviction to imprisonment for a term of not less than 2 (two) years and a fine of not less than N1,000,000.00 (One Million Naira).

49. Limitation of Suits against officers of the Task Force. Subject to the provisions of this Law, the Public Officers Protection Law shall apply in relation to any suit instituted against any member, officer, or employee of the Task Force.

50. Power to make regulation and Review rates/fines. Subject to the approval of the Governor, the Attorney-General shall have powers to: (i) make Regulations for the application of this Law, and (ii) review all rates, fees, charges, and fines payable under this Law from time to time. DELTA STATE HUMAN TRAFFICKING (PROHIBITION) LAW, 2024 PURSUANT TO SECTION 37(2) OF THE DELTA STATE HUMAN TRAFFICKING (PROHIBITION) LAW, 2024 FORM 1 DECLARATION OF ASSETS To be completed in TRIPLICATE and in BLOCK LETTERS or typed. All available information should be included. IMPORTANT: It is an offence punishable by 2 years imprisonment under the Law to: A. (i) fail to make full disclosure of your assets and liabilities, (ii) make a declaration that is false, (iii) fail to answer any question contained in this Form, (iv) fail, neglect or refuse to make a declaration or furnish any information required. B. Each item is to be completed. If it does not apply, the person affected must write "nil" or "none" in the space. Where necessary an extra sheet or sheets may be used and attached to this form by the person affected. To the Chairman of the DELTA STATE TASK FORCE AGAINST HUMAN TRAFFICKING AND IRREGULAR MIGRATION I ............... being accused of an offence of ............... under the DELTA STATE HUMAN TRAFFICKING LAW, 2024 hereby declare as follows:

1. Amount held in personal account: (i) Cash in hand ......................... (ii) Cash at Bank ........................ (iii) Cash outside Nigeria (Country's Banks to be named) ..................

2. Amount held on behalf of or as trustee for any person other than your wife/husband: (i) Cash in hand ......................... (ii) Cash at Bank ........................ (iii) Cash outside Nigeria (Country's Banks to be named) ..................

3. Loans or advances made ...................................

4. Loans and advances received ........................................

5. Amount held on behalf of or as trustee of wife/husband: (i) Cash in hand ......................... (ii) Cash at Bank ........................ (iii) Cash outside Nigeria (Country's Banks to be named) ..................

6. Government securities, including premium bonds and other interests held in companies, firms or partnerships (giving names of companies, firm and partnerships): (i) by you (here state the bonds, etc) .......................... (ii) by wife (wives) husband (here state the bonds, etc) .......................... (iii) by children (here state the bonds, etc) ........................

7. Property in Nigeria in which you have an interest stating date of acquisition: (i) Land ............................... (ii) Existing building ......................... (iii) Other property (if any) .........................

8. Property in Nigeria in which any wife/husband has interest in (divulging date when acquired): (i) Land ............................... (ii) Existing building ......................... (iii) Other property (if any) .........................

9. Property outside Nigeria in which any wife/husband has an interest in, giving date as to when acquired: (i) Land ............................... (ii) Existing building ......................... (iii) Other property (if any) .........................

10. Property in Nigeria which any child of yours has an interest in, (stating name of Child(ren) and date when acquired. (i) Land ............................... (ii) Existing building ......................... (iii) Other property (if any) .........................

11. Property outside Nigeria in which any child of yours has an interest in (stating name of Child(ren) and date when acquired. (i) Land ............................... (ii) Existing building ......................... (iii) Other property (if any) .........................

12. Names of other dependants: .......................

13. Estate(s) in which you have an interest as a trustee or as a beneficiary: (i) Land ............................... (ii) Existing building ......................... (iii) Other property (if any) ......................... (iv) Other property (if any) .......................... Signature of Defendant ......................... Signature and Address of Witness: Name ................. Address ................ Occupation ................ Signature & Date ................. ? BEFORE ME ............................ COMMISIONER FOR OATHS/NOTARY PUBLIC ? ? ? FORM 2 NOTIFICATION OF FREEZING ORDER PURSUANT TO SECTION 33(1) (This form may be amended in deserving circumstances)

1. To the Manager ........... (Name and branch of Banks). Under the authority conferred on me by section 31 of the DELTA STATE HUMAN TRAFFICKING (PROHIBITION) LAW, 2024 you are hereby requested: (a) To supply the following information relating to the under mentioned accounts, that is to say: (i) ...................... (ii) ...................... (iii) ...................... (b) To produce the books and documents in your possession relating to the afore mentioned accounts, that is to say: (i) ...................... (ii) ...................... (iii) ...................... (Here set out the books and documents to be produced in respect of named accounts) (c) To stop all onward payments, operations or transactions (including bills of exchange) as far as possible in the ordinary course of banking in respect of the following accounts: (i) ...................... (ii) ...................... (iii) ...................... (Here indicate the accounts) ?

2. This order shall cease to have effect after the day of ................. unless sooner revoked by the Court. DATED this ......... Day of ............ .................................. Investigating Agency/Officer