IMMIGRATION ACT 2015

Section 44: Prohibited immigration.

2015Section 44 of 117Federal Republic of Nigeria

(1) A person within any of the following categories shall be deemed to be a prohibited immigrant and liable to be refused admission or to be deported from Nigeria as the case may be-
(a)
a person who is without visible means of support or is likely to become a public charge;
(b) mentally ill or mentally severely subnormal person ;
(c) a person trafficking in persons or smuggling migrants ;
(d)
a person convicted of any crime wherever committed, which is an extradition crime within the provisions of the Extradition Act ;
Cap. E25 LFN. 2004
(e)
a person whose admission would in the opinion of the Minister be contrary to national interest or security;
(f) a person against whom an order of deportation from Nigeria is in force;
(g) a person who-
(i) has not in his possession a valid passport, or
(ii) being a person under the age of eighteen years, has not in his possession a valid passport or visa, and is unaccompanied by an adult on whose valid passport, his particulars are appearing;
(h)
a person who-
(i) is a prostitute,
(ii) is a person who has been convicted of the offence of rape, defilement, or any other sexual offence ;
(iii) is a brothel keeper or a person permitting the defilement, or seduction of a child or young person on his premises or on any other premises under his control;
(iv) encourages the seduction of a child or young person ; or
(v) is trading in prostitution, or is a procurer:
is deemed to have committed an offence and is liable on conviction to imprisonment for ten years.
(2)
Any person convicted under sub-section (1) of this Section shall be deported after serving his terrn of imprisonment unless the provisions of the Transfer of Convicted Offenders (Enactment and Enforcement) Act apply.
Act No. 1. 2013
(3) The Minister may, at any time by notice add to or amend any category of prohibited immigrants in sub-section (1) of this Section and if he deems it to be in the public interest, may prohibit the entry into or stay in Nigeria of any other person or category of persons.
(4) In this section-
(a)
"brothel keeper" includes any person who appears, acts or behaves himself as the owner of, or the person having the care, management or control of any premises, or room or set of rooms in any premises, kept for the purpose of prostitution ;
(b) "householder permitting the defilement of a child or young person on his premises" means any person who, being the owner or occupier of any premises or having or acting or assisting in the management and control
thereof, induces or knowingly suffers any person under the age of eighteen to resort to or being or upon such premises for the purpose of being unlawfully and carnally known by any person or for any lewd purpose ;
(c)
"person allowing a person under eighteen years of age to be in a brothel" means any person having the custody, charge or care of a chird or young person who has attained the age of six years but is below the age of eighteen years, who allows that child or young person to reside in or frequent a brothel;
(d) "person causing or encouraging the deduction or prostitution of a person under eighteen years of age" means any person having the custody, charge or care of a girl under the age of eighteen years who causes or encourages the seduction, unlawful carnal knowledge, or prostitution of or the commission of an indecent assault upon such person ;
(e)
"person trading in prostitution" means-
(i) a person who, knowingly lives wholly or in part on the earnings of prostitution or who in any public place persistently solicits or importunes for immoral purpose,
(ii) a person who, for the purpose of gain, exercises control, direction or influence over the movements of a prostitute in such a manner as to show that such a person is aiding abetting or compelling his prostitution with any person or;
(f)
"procurer" means any person who-
(i) procures or attempts to procure any person under eighteen years
of age, not being a prostitute or of known immoral character, to have unlawful carnal connection, either within or without Nigeria, with any other person,
(ii) procures or attempts or procure any person to become a prostitute either within or without Nigeria,
(iii) procures or attempts to procure any person to leave his usual place of abode, such place not being a brothel, with intent that he may, for the purpose of prostitution, become an inmate of a brothel, either within or without Nigeria,
(iv) by threat or intimidation procures or attempts to procure any person to have unlawful carnal connection either within or without Nigeria,
(v) by false pretences or false representations procures any person, nothing a prostitute or of known immoral character, to have unlawful carnal connection, either within or without Nigeria,
(vi) applies or administers to or causes to be taken by a person any drug matter, or thing with intent to stupeful or overpower him or her so as to enable any person to have unlawful carnal connection with him or her; and
(g)
"prostitution" with its grammatical variations and cognate expression, includes the offering by a person of his or her body commonly for acts of lewdness for payment although there is no act, or offer of an act, of ordinary sexual connection.
(5) For the purpose of this section, a person shall be deemed to possess a valid passport it--
(a) being a citizen of any other country he produces with his passport for inspection under this Act a residence permit issued by or on behalf of the Comptroller-General of lmmigration under section 37 and any visa issued under section 19 of this Act ; or
(b) being a citizen of any other country not otherwise exempted under this Act, he produces for inspection with his passport, a valid visa for entry into Nigeria for any purpose designated in the visa, and a residence permit.

Cite this section

Section 44, IMMIGRATION ACT 2015 (2015).

https://repo.podus.ai/laws/immigration-act-2015/section/44/