Alatishe Oluwasanmi Samuel v. Federal Republic Of Nigeria (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

The appellant and one other – Olusegun Richard Ologbe, were the defendants in charge No. FHC/L/160C/2017 before the Lagos Division of the Federal High Court (the lower court), presided over by A. M Anka, J. The charge, dated and filed on 22nd February, 2017, as copied at pages 5 – 6 of the record of appeal, read thus:

Charge

Count 1

That you Alatise Oluwasanmi Samuel, Male, 44 years old, of No 6, (Isheri), Saviour Street, Isheri Idimu, Lagos, Olusegun Richards Ologbe (AKA Sugar) Male, 47 years old, of No 11, Folawewo St Allen, Ikeja, Lagos and Billion (at large) on or about the month of October, 2016 at No 6, (Isheri), Saviour Street, Isheri Idimu.

Lagos within the jurisdiction of the Federal High Court engaged in fraudulent acts, and attempted to facilitate the entry of Okeda Mercy (A.K.A Alatise Bola) into France where she is not a national or a permanent resident with intent to obtain financial benefits and thereby committed an offence contrary to section 29 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under section 26(2) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

Count 2

That you Alatise Oluwasanmi Samuel, Male, 44 years old, of No. 6, (Isheri), Saviour Street, Isheri Idimu, Lagos, Olusegun Richards Ologbe (AKA Sugar) Male, 47 years old, of No. 11, Folawewo St Allen, Ikeja, Lagos and Billion (at large) on or about the month of October, 2016 at No. 6; (Isheri), Saviour street, Isheri Idimu, Lagos within the jurisdiction of the Federal High Court attempted to organize foreign travel for Okeda Mercy (A.K.A Alatise Bola) which promotes prostitution and thereby committed an offence contrary, to section 29 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under section 18 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

Count 3

That you Alatise Oluwasanmi Samuel, Male, 44 years old, of No 6, (Isheri) Saviour Street, Isheri Idimu, Lagos, Olusegun Richards Ologbe (a.k.a Sugar) Male, 47 years old, of No. 11, Folawewo St Allen, Ikeja, Lagos and Billion (at large) on or about the month of October, 2016 at No 6, (Isheri), Saviour Street, Isheri Idimu.

Lagos within the jurisdiction of the Federal High Court conspired amongst yourselves by engaging in fraudulent acts for the purpose of facilitating the actual entry of Okeda Mercy (aka Alatise Bola) and thereby committed an offence contrary to section 27(b) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 and punishable under section 26 (2) Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

The charge was preferred by Becky Jibo, a Senior Legal Officer, together with Idayat Balogun, a Legal Officer, both of the Legal Unit of the National Agency for the Prohibition of Trafficking in Persons. The charge was served on the appellant together with the proofs of evidence as copied at pages 5 – 33 of the record of appeal. Upon arraignment on 29th March, 2017, the appellant and his co-defendant, Olusegun Richard Ologbe, pleaded not guilty to each of the 3 counts contained in the charge, after which the case proceeded to trial.

The prosecution in the lower court, the respondent herein, called a total of 2 witnesses and tendered considerable numbers of documentary exhibits in proof of its case. The appellant, as the 1st defendant in the case and, in defence of the charge preferred against him, testified for himself as DW3 and called one other witness who testified on his behalf as DW2. At the conclusion of trial, the lower court directed parties to file and serve their respective final written addresses, which they did, and same were adopted on 20th October, 2020. On 17th March, 2021, the lower court delivered its judgment in the case, wherein the appellant and the 2nd defendant were convicted on all the 3 counts in the charge preferred against them and consequently sentenced to 5 years; 7 years and 5 years respectively for counts 1, 2 and 3.

The appellant was aggrieved by the said judgment of the lower court and thereby initiated the instant appeal vide the amended notice of appeal dated and filed on 14th October, 2022. Ten (10) grounds upon which the appeal is premised were set out in the said amended notice of appeal, based on which the appellant sought an order of this court allowing the appeal; an order quashing his conviction and sentence as well as an order discharging and acquitting him.