Prostitution is the practice of engaging in sexual activities in exchange for payment or other forms of compensation. According to a 2020 report by the International Labour Organization (ILO), there are millions of people in Nigeria who engage in commercial sex work, though not all may be doing so voluntarily.
Several institutions, whether social, legal, religious, or moral, share different views about prostitution. All religious institutions agree that prostitution is a sin, but there are arguments for or against if it is necessarily a crime. Legal views on prostitution vary widely across countries, including Nigeria, depending on cultural and religious backgrounds.
In Nigeria, prostitution laws vary by region. WITHIN NIGERIA gathered that prostitution is illegal in the 12 Northern states that operate under Sharia law, such as Bauchi, Borno, Kano, Kaduna, Katsina, Jigawa, Gombe, Kebbi, Sokoto, Yobe, Zamfara, Niger, and the Federal Capital Territory (FCT), Abuja.
Findings revealed that prostitution is not a crime in southern Nigeria, but activities such as owning and running brothels, pimping, and human trafficking for prostitution are punishable by law. In federal laws, major focus is placed on those who benefit or profit from prostitution rather than the prostitutes.
Is prostitution really a crime in Nigeria? It appears this concerning and disturbing question has no clear answer, resulting in varying opinions. WITHIN NIGERIA contacted two prominent legal practitioners for their informed and clearer opinions on the matter.
In a conversation with WITHIN NIGERIA, a UK-based lawyer, J.J. Amusan, disclosed that prostitution in Nigeria is illegal in most cases, although the legal landscape varies depending on region and context.
According to Amusan, prostitution is explicitly illegal, with penalties including prison sentences, fines, and, in some instances, corporal punishment such as flogging in Northern states where the penal code and Sharia law function.
Amusan further stated that a 2025 Federal High Court ruling reinforced that sex work violates public morality and can be prosecuted, referencing the Penal Code punishments, including up to two years’ imprisonment.
He stressed that the ruling is contained in Lawyers Alert Initiative v. Minister of the FCT & Ors (FHC/ABJ/CS/642/2024).
While speaking about southern states, Amusan stated that the act of prostitution itself—a consenting adult providing sexual services for payment—is not expressly criminalized in southern states.
‘Pimping, running brothels, and living off prostitution proceeds are forbidden under sections 223 – 225 of the Criminal Code, punishable by prison time and penalties,’ he claimed.
He further posited that prostitution—such as sex for money—is criminalized in Northern Nigeria and under the Penal Code in Abuja, while the act of prostitution may not itself be illegal; all third-party involvement, such as pimping or brothel-running, is illegal and prosecutable in Southern Nigeria.
He found that while freelance sex work by adults is not explicitly prohibited, it can still result in arrest under public nuisance or vagrancy statutes.
“A woman over the age of 18 who works as a sex worker in Southern Nigeria may not be committing a technical crime, but she is still legally vulnerable to arrest and prosecution.” It is definitely a felony in Northern Nigeria and Abuja, regardless of age, because the Penal Code applies.
In a chat with WITHIN NIGERIA, Misbau Lateef, an associate professor of law at the University of Hull, declared that prostitution is a crime in Nigeria.
He clarified that the laws prohibiting it are primarily derived from the Criminal Code Act, which applies in the Southern states, and the Penal Code Act, which applies in the Northern states.
The law professor further clarified that for prostitution to be a crime in Southern Nigeria, it depends on the context.
According to Misbau, private or individual prostitution is legal in Southern Nigeria, but public prostitution, such as pimping or maintaining a brothel for ‘ashawos,’ is illegal.
The focus here is whether it is private or public, but it is better to say generally that prostitution is a crime in the South as well,” Misbau disclosed.
“Section 222 of the Criminal Code Act, which applies in Southern Nigeria: Any person who (a) knowingly lives wholly or in part on the earnings of prostitution or (b) in any public place persistently solicits or importunes for immoral purposes is guilty of a misdemeanor and is liable to imprisonment for two years.”
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