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 a blind eye to this nefarious act. This work critically reviewed Nigerian legislative response through statutory enactments flowing from international legal instruments such as: the United Nations Palemo Protocol, The ILO Convention, the Council of Europe convention on action against trafficking in human beings 2002, European Union Council framework decision on combating trafficking in human beings by the European union, among other international instruments to curb this menace. The trafficking in organ cases namely: the Gurgoon Trafficking 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 Organ Harvesting of a homeless Nigerian child named David Nwamini Ukpo, to the United Kingdom by Senator Ike Ekweremadu and his wife, Beatrice Nwanneka Ekweremadu, further sparked global attention. The crime has ignited international concern and response through various legal instruments, to the effect. In Nigeria, there is a legislative response to this through various legislations through the promulgation of the national Act;1 i.e The Trafficking in Persons (Prohibition) Enforcement And Administration Act 20152, which established the national agency for the prohibition of trafficking in persons (NAPTIP), as the lead agency in the enforcement and prosecution of perpetuators of organ harvesting and related matters thereto. This study has brought to the fore the need for spirited efforts to nip this heinous crime against humanity in bud, in fulfilment of Nigeria’s obligation as a responsible member state of the committee of nations.