EXAMINATION OF THE LEGAL FRAMEWORK ON TRANSNATIONAL HUMAN TRAFFICKING IN WEST AFRICA: A CALL FOR ECOWAS INTERVENTION

Abstract

Human trafficking is on the increase in west Africa. The upward swing in the menace of human trafficking 
is a function of a cynical exploitation of the legal regime of the Economic Community of West African States 
(ECOWAS) on free movement of persons and goods by transnational organised criminal groups as well as 
other socio-economic factors. The major objective behind the creation of ECOWAS was the attainment of 
sub-regional integration through the free movement of people and trade. This paper examines the legal 
framework for combating the human trafficking in the ECOWAS sub-region and finds that there is a dearth 
of enforceable community-wide legislation on human trafficking. The lack of criminal jurisdiction in the 
ECOWAS Community Court leaves human trafficking which is a transnational crime to the exclusive 
jurisdiction of municipal courts. The paper argues that the municipal institutions are ill-equipped to tackle 
crimes of an international character like human trafficking. Municipal law enforcement and judicial 
structures are limited by the intricacies of conflict of laws and operational constraints like extraditions and 
other procedural hamstrings to the successful prosecution of transnational criminal suspects. The paper 
points out that the absence of a pan-ECOWAS legal framework to combat human trafficking is an enabler 
of the menace as criminals may take refuge in one member state while orchestrating criminal activities in 
other states. The paper calls for the adoption of a comprehensive ECOWAS protocol on transnational 
crimes including human trafficking.