Section 66: Abuse of the vunerability of a smuggled person.

(1)
Any person who intentionally or knowingly, in order to obtain directly or indirectly a financial or material benefit, abuses, endangers or exploits the vulnerability of a smuggled person, commits an offence, and is liable on conviction to imprisonment for a term of fourteen years and a fine of not less than two million Naira or both, and is in addition, liable to refund to the smuggled migrant all monies obtained from him in the course of the Commission of the offence, and is also liable to pay adequate compensation to him for any economic, physical, psychological, emotional, or other injury, loss or damage which he may have suffered as a result of the offence as may be determined by the Court.
(2)
Where any offence under this Act or any other relevant law is committed in circumstances which endanger the life or safety of the smuggled migrant concerned, or entails the subjection to torture, cruel, inhuman or degrading treatment or exploitation of such migrant, or is committed by a member of a crirninal group, the offender is liable on conviction to imprisonment for a term of fifteen years or a fine of not less than than Two Million Naira or both, and is in addition, liable to refund to the smuggled person all monies obtained from him in the course of the commission of the offence, and is also liable to pay adequate compensation to him for any economic, physical, psychological, emotional, or other injury, loss or damage which he may have suffered as a result of the offence as may be determined by the Court.
(3) For the purpose of this section, the term "abuse, endangering or exploitation of vulnerability" includes circumstances where it is apparent or should have been apparent to the person that the smuggled person had little real choice but to agree to submit to the conduct defined as an offence under sub-section (1) or sub-section (2) of this Section, particularly where the smuggled person-
(a) is a woman or a person below the age of eighteen years; or
(b) had little real choice but to agree to submit to-
(i) torture, cruel, inhuman or degrading treatment ;
(ii) abnormal or dangerous travel, living or working conditions ;
(iii) the provision of services to the smuggler or some other person at the instance of, or with the connivance of the smuggler, either without payment or for abnormally low payment ; and
(iv) payment of an excessive amount or with sexual services, for goods or services, including food, water, accommodation, transport, immigration and employment related services provided by the smuggler.