#Legal Sense

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By Funmilayo Olagunju

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Organ is a part of an organism which is typically self-contained and has a specific vital function.

Organs can be internal of external and they are essential for survival and well-being of a living organism. The Law protects human organs and regulates procedure connected with them.

Organ can be voluntarily donated for non commercial purposes under the Law. The donation is only valid if the donor is fully aware and there is compliance with the stipulated guidelines for donation.

A person who is competent to make a will can donate his/her tissues or organs to be used after his/her demise for the purpose of training students, advancing medical research or therapy.

When a human organ is voluntarily donated by a living or deceased person, the stipulated legal guideline for transplant must be complied with.

The human organ is not an item of sales or merchandise. It should not be exchanged for money or any financial benefits. Trading in organs or unlawful organ harvesting is part of the crimes against humanity.

The use of force, deceit or reward to induce organ harvesting is a crime.

Section 20 of the Trafficking in Person (Prohibition) Enforcement and Administration Act provides:

Any person who –

a. Through force, deception, threat, debt bondage or any form of coercion.

i. abuses a position of power or situation of dominance or authority arising from a given circumstances:

or

ii. abuses a vulnerable situation; or

b. Through the giving or receiving of payment or benefit in order to induce or obtain the consent of a person directly or through another person who has control over him; enlists, transports, delivers, accommodates or 

takes in another person for the purpose of removing the person’s organs, commits an offence and is 

liable on conviction to imprisonment for a term of not less than 7 years and a fine of not less than 

N5,000,000.00.

Section 20(5) of the Act proscribes the act of being an accessory for organ trafficking:

“a person who procures or offers 

any person, assists or is involved in any way in the removal of human organs; or

b. Buy or steal human organs, commits an offence and is liable on conviction to imprisonment for a term of not 

less than 7 years or to a fine of not less than N5,000,000.00.

It is an offence to procure a person under the age of 18 for organ removal. The offence is punishable on conviction with imprisonment not less than 7 years and a fine not less than 5 Million Naira.

The human organ is not a commodity for sale. Trafficking in person for organ removal is becoming prevalent in Nigeria. It is important for well meaning individuals to stay alert; do not jump on travel offers without due diligence…

The  National Agency For The Prohibition Of Trafficking In Persons (NAPTIP) is responsible for enforcement of laws on trafficking and related offences. The long hand of the Law is able to catch up with those making merchandise of human organ.

“The evil deeds of the wicked ensnare them; the cords of their sins hold them fast”

Proverbs 5:22 (NIV)

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Legal obligations of a director under company

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