ORGAN HARVESTING: A CRITICAL REVIEW OF NIGERIAN LAW AND LESSONS FROM INTERNATIONAL INSTRUMENTS

Abstract

Organ Harvesting has become a crime of international concern, being among the crimes against humanity(CAH). Thus, Nigeria as a member of the International Community or the Committee of Nations cannot turn ablind eye to this nefarious act. This work critically reviewed Nigerian legislative response through statutoryenactments flowing from international legal instruments such as: the United Nations Palemo Protocol, The ILOConvention, the Council of Europe convention on action against trafficking in human beings 2002, EuropeanUnion Council framework decision on combating trafficking in human beings by the European union, amongother international instruments to curb this menace. The trafficking in organ cases namely: the GurgoonTrafficking Network, India, The Netcare Trafficking Network, South Africa, The Medicus Trafficking Network,Kosovo, The Rosenbaun Trafficking Network, USA. The recent alleged trafficking for purpose of OrganHarvesting of a homeless Nigerian child named David Nwamini Ukpo, to the United Kingdom by Senator IkeEkweremadu and his wife, Beatrice Nwanneka Ekweremadu, further sparked global attention. The crime hasignited international concern and response through various legal instruments, to the effect. In Nigeria, there is alegislative response to this through various legislations through the promulgation of the national Act;1 i.e TheTrafficking in Persons (Prohibition) Enforcement And Administration Act 20152, which established the nationalagency for the prohibition of trafficking in persons (NAPTIP), as the lead agency in the enforcement andprosecution of perpetuators of organ harvesting and related matters thereto. This study has brought to the forethe need for spirited efforts to nip this heinous crime against humanity in bud, in fulfilment of Nigeria’sobligation as a responsible member state of the committee of nations.