Bernard Joseph Saurin once said: “the law often allows what honor forbids.”  It is very easy to confuse anything considered to be a sin or something immoral, with a crime. Especially in highly religious countries where people impute extreme standards of morality and chastity on themselves. However, for public order, we must constantly remind ourselves that they are two separate concepts.

This is especially because not everyone within a society practices the same religion. Everyone cannot possibly have the same standards of morality. This is why the law is set to serve as an all-encompassing guide for the behaviors of all persons within a society regardless of each person’s religious denominations.

Sexual immorality is considered a sin in most religious denominations. It is also, of course, considered to be done by those who have no standards of morality. This is made worse when these activities are carried out in exchange for money. This act may be considered a sin but is it a crime in Nigeria? This article examines the legality of prostitution a.k.a “OLOSHO-ism”,’’RUNS GIRL”… in Nigeria with particular focus on the Criminal Law of Lagos State.

Prostitution generally entails the act of engaging in sexual activities with someone that is not one’s spouse in exchange for some sort of consideration, whether monetary or other valuable. It is defined as the act of performing or offering or agreeing to perform a sexual act for hire.[1] Usually, prostitution is carried out by women, and most times her costumers are men, however in modern times it is no surprise to see that the reverse may also be the case where men “JIGOLOS” now engage in sexual relationship with women for material and monetary gain. Several reasons culminate in driving a woman to engage in prostitution, the most common reason being money.

Most women go into prostitution because of poverty and the need to fend for themselves and for their families. Some girls may also be forced into it by adults with the main objective of earning money. It is undeniable that prostitution is prevalent in all the states of Nigeria. However is prostitution a crime? Can it be punished in accordance with the Criminal Code?

The sections of the Criminal Code that pertain to this discourse are sections 223, 224, and 225. I would now summarily explain each of the sections.

Section 223 of the code makes it an offence for any person to procure a girl or woman under the age of eighteen to have unlawful carnal knowledge, to become a common prostitute, or to be an inmate of a brothel, all these acts whether occurring within Nigeria or elsewhere. The person commits a misdemeanor and is liable to imprisonment for two years.

Section 224 makes it an offence for any person to procure, by threats or intimidation or false pretense or to administer or cause a woman or girl to take any drug or anything with intent to stupefy or overpower her in order to enable a man to have unlawful carnal knowledge of her. Such a person is guilty of a misdemeanor and is liable to imprisonment for 2 years.

Section 225 talks about the abduction of an unmarried girl under 18 with intent to have carnal knowledge with a man. The person commits a misdemeanor and is liable to 2 years imprisonment.

Now there is section 225A which is connected more closely to our discussion. Section 225A(1) states summarily that any MALE person who knowingly lives wholly or partly on the earnings of prostitution or solicits in any public place for immoral purposes is liable to punishment for 2 years.

225A (2) states that, a magistrate who is satisfied by evidence that there is reason to suspect that any premises or part is being used by a female for prostitution and that a male person residing with her or frequenting the premises is living wholly or in part on the earnings of the prostitute may issue a warrant to enter and search the premises and to arrest the male.

225A(3) punishes a male who is proved to live with or to be habitually in the company of a prostitute or to exercise influence over her movements as to be aiding or compelling her prostitution. He would be deemed to be living on the earnings of prostitution.

Section 225A(4) punishes with two years, any female who is proved to exercise influence and control over the movements of a prostitute in such a way as to show that she is aiding and compelling her prostitution for the females own gain. Section 225B summarily punishes a person who manages or keeps a brothel or being the occupier, lessee or tenant of premises, allows the place to be used as a brothel.

With a careful perusal of the above sections of the Criminal Code, it can be said that its provisions seem to run right round the prostitute without actually touching them. The intentions of the lawmakers are very clear. It punishes every other person involved in the act, the person forcing it, the person managing it, the person influencing it, and even the person harboring it in their premises. The law makers did this intentionally with the presumption that no one would willfully enter into the business of prostituting themselves without some form of coercion.

The provisions clearly seek to punish those who put prostitutes into the business for their own selfish gains e.g the pimps. This therefore entails that prostitution for any state subject to the criminal code is not a crime as it does not punish the prostitute directly. Any person under these circumstances who is punished for being a prostitute is therefore, wrongfully punished and may have a right to institute a fundamental human right proceedings depending on the gravity of the bad treatment suffered. However this may not be the case for a state that is operating under its own criminal law.

The Lagos Environmental Sanitation Corps (LAGESC) popularly known as KAI, on the 2^nd of October 2024 secured the conviction of 12 commercial sex workers. They were sentenced to 8 months in prison for offences bordering on prostitution and breach of peace.[2] Does this mean that prostitution is punished under the criminal law of Lagos?

Sections 140-143 are the sections that deals with the offence of prostitution. They are mainly in tandem with the provisions of the criminal code. This is excepting section 142 which brings a major change into the provisions regarding prostitution. The section which is similar to section 225 of the criminal code, jettisons the male qualification starting section 225 of the criminal code and states that: ANY PERSON who knowingly lives wholly or in part on the earnings of prostitution or in any public place persistently solicits or importunes for immoral purposes commits a misdemeanor and is liable on conviction to imprisonment for 2 years.[3] The subsection punishes any person who lives whether wholly or partly on the earnings of prostitution, (whether male or female). This therefore captures both the prostitute herself and any other person knowingly living off the proceeds of the prostitution and aiding it.

It is under this subsection that the 12 prostitutes where recently punished in Lagos. However, we really must wonder whether this law is one that is truly and persistently enforced in the state or it is just one of the laws taking up space in the administration of criminal justice in Lagos State.

The convictions of these 12 sex workers appears to be something rarely occurring within the state as there is no denial that in almost every local place that one goes to in Lagos, there is a high chance of meeting a lot of prostitutes parading the streets and soliciting for sex. In my opinion this is done very much in the open.

No one is ignorant of the activities of these prostitutes and the conviction mentioned above is one in a very few convictions that have taken place over this “crime.” It may also be important to note that the penal code act of FCT 1990 proscribes prostitution.

This author ends this article unsettled about the intentions of our lawmakers. Just as was stated above, we must constantly remember that there is a difference between the law and acts considered to be a sin or acts considered immoral. Prostitution is clearly a crime against morality. It is undeniable that the law makers of a society must take into cognizance the generally accepted social and moral values of its people when making the law.

Therefore, the law must agree with the accepted values of a particular society to avoid inherent conflict and inconsistencies. However, this author recommends that if the law against prostitution should really be enforced against the prostitutes, it should also very well be enforced against the customers/clients of these prostitutes to fully serve as a law created to deter such acts.

The law against stealing punishes the person receiving the stolen goods, knowing it to be stolen– more harshly than the person who steals them and this is to serve as a sort of determent to the main act of stealing., if there is no market to sell the stolen goods, there will be no stealing.

This author recommends that the same rationale for the higher punishment accruing to those who receive stolen goods, be implemented to punish the clients of prostitutes, as it is clear that most of these women  do not engage in these acts just for pleasure, but because they are compelled by some financial issues.

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[1] Black law dictionary 6^th ed.

[2] https://pmnewsnigeria.com/2024/10/03/12-prostitutes-jailed-in-lagos/ last accessed on the 13^th of October 2024.

[3] Criminal code section 142(1) a and b

AUTHOR; JUSTICE OJIENOH