Section 65: Offence relating to smuggling of migrants.

(1)
Any person who intentionally or knowingly, in order to obtain directly or indirectly, a financial or other material benefit, procures the illegal entry of a person into a country of which the person is not a national or permanent resident, commits an offence, and is liable on conviction to imprisonment for a term of ten years or a fine of not less than one million Naira or both, and is in addition, liable to refund to the migrant all monies obtained from him in the course of the commission of the offence.
(2)
Where the offence in sub-section (1) of this Section is committed in circumstances which endanger the life or safety of the smuggled migrant concerned, or entails the subjection of the smuggled person to torture, cruel, inhuman or degrading treatment, or exploitation, or is committed by a member of a criminal group, the offender is liable on conviction to imprisonment for a term of fourteen years or a fine of not less than two million Naira or both, and is also liable to refund to the smuggled migrant all monies obtained from him in the course of the commission of the offence, is in addition liable to pay compensation to the smuggled migrant as may be determined by the Court.
(3)
Where any person who is the object of the smuggling in sub-section (1) of this Section is a citizen of a member State of the Economic Community of West African States and the receiving country is also a member State of the Economic Community of West African States, the offender is liable to a penalty of imprisonment for a term of three years or a fine of three hundred thousand Naira or both:
Provided however that where the offence is committed in any of the circumstances specified in sub-section (2) of this Section, the offender is liable to the penalty or penalties provided for in subsection (2) of this section.
(4) For the purpose of subsection (1) of this section, "illegal entry" means crossing borders without complying with the necessary requirements for legal entry into the receiving State, and includes any crossing of a border at an irregular border point.
(5) For the purpose of sub-section (4) of this Section, "an irregular border point" means any point on any border of a country which is not an officially designated entry or exit point into or out of that country.
(6) For the purpose of sub-section (2) of this Section, "receiving country" means the country into which the migrant is smuggled.
(7)
Any person who intentionally, in order to obtain a financial or material benefit from another person, engages in fraudulent acts or conducts purportedly for the purpose of procuring, facilitating or promoting the actual or intended entry or transit by another person into or across a country of which that other person is not a national or a permanent resident, commits an offence, and is liable on conviction to imprisonment for a term of ten years or a fine of not less than one million Naira or both, and is in addition liable to refund to the smuggled person all monies fraudulently obtained from him:
Provided however that where the offence is committed in any of the circumstances specified in sub-section (2) of this Section, the penalty or penalties shall be as specified in sub-section (2) of this Section:
Provided further that where the offence was committed against a citizen of a member State of the Economic Community of West African States in circumstances specified in sub-section (3) of this Section, the offender is liable on conviction to imprisonment for a term of five years or a fine of not less than five hundred thousand Naira or both, and is also liable to refund to the smuggled migrant all monies obtained from him in the course of the commission of the offence, and is in addition liable to pay compensation to the smuggled migrant as may be determined by the Court.