PROSTITUTION, MY TRADE

The internet has been agog with a video recorded by the officers of the Delta state police command, wherein a set of ladies (allegedly prostitutes) were filmed and asked series of questions. As soon as the video hit the net, Nigerians got talking. The major question on everyone lips was “Is prostitution a crime in Nigeria?”

The question in itself came as a shock to me, because it was quite alarming to see so many Nigerians completely unsure about the position of the law on this issue. The first thing to know is that there is a difference between a moral wrong and a crime. The fact that something is morally wrong and does not appeal to the goodwill of the general public does not necessarily mean that the said action is a crime. For any act to be regarded as a crime/offence, the Laws of the land must expressly say so. This means that, it must be categorically stated in one or more of the laws of that land (be it a state or Country) that the said act is a crime.

Take for instance, the act of adultery. Although adultery, especially on the part of the wife does not sit well with the cultures and customs in Southern Nigeria states, there is no law in these states criminalizing the act. So, even though an adulterous woman might be looked down on by members of the society, she cannot be arrested, charged or tried for it as an offence.

The question now is, is prostitution criminalized by laws in Nigeria. We will take the Edo State Criminal Justice Code as our case study. Section 149 (1) of the law says:

(1)Any person who:

a.Knowingly lives wholly or in parts on the earnings of prostitution; or

b. In any public place persistently solicits or importunes for immoral purposes: commits a misdemeanour and is liable on conviction to imprisonment for two (2) years.

This simply means that a person who makes a living out of prostitution has committed an offence which is punishable with two years imprisonment without the option of fine. When an offence has no option of fine, that means that once the court finds the accused (in this circumstance, these ladies) guilty, the court must sentence the person to prison,  2 years in this case.

Section 149(2) goes further to provide that

(2)A magistrate who is satisfied by evidence on oath that there is reason to suspect that any premises or any part of any premises is used for the purpose of prostitution, and that any person residing or frequenting the premises is living wholly or in part on the earning of prostitution, may issue a warrant authoring any police officer to enter, search the premises and arrest such a person.

The underlined part is tricky. It means that if “a suspected prostitute” is living in a particular premises (house, hostel, hotel, etc., ) the court can issue a warrant authorizing the police to search and arrest such a person. So, it is not just a matter of being caught on the road side. The individual can be arrested in the comfort of their abode, as long as the court has enough evidence on oath to show that the said place is either used for prostitution, or the prostitute resides the premises.

This is different from a brothel. By definition, a brothel is a house where men visit prostitutes. Section 150 of this law says any person who keeps a brothel, or allows his house or part of his house (in the case of a landlord) to be used as a brothel, or, in the case of a tenant, his apartment to be used as a brothel, commits an offence and is liable to imprisonment for one (1) year, or a fine of not less than Ninety Thousand Naira (N90,000) or both.

The summary of it all is that unlike adultery, prostitution is not just a civil wrong, but also a crime in Nigeria.