Martina Opara Vs Attorney General Of The Federation (2016)

LAWGLOBAL HUB Lead Judgment Report

Mary Ukaego Peter-Odili. J.S.C

The is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on the 17th day of June,2014, Coram: A. B. Gumel, M.B. Dongban-Mensem and M. N.Oniyangi JJCA. In the said judgment, the Court of Appeal dismissed the appeal of the accused appellant and affirmed the decision of the learned trial judge except for the conviction and sentence on count six.

FACTS BRIEFLY STATED

The appellant was charged on a nine (9) count charge of procurement of persons for prostitution, forceful or deceitful inducement of persons and confinement or detention of persons against their will contrary to and punishable under sections 15(a), 19(b) and 19(c) respectfully of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003 (as amended).

The appellant was first arraigned on the 3rd day of August, 2009 before B. I. Molokwu J of the Federal High Court, Abeokuta Division. After several adjournments without proceeding to trial the matter was taken before R. N. Ofili-Ajumogobia J. who after taking the plea proceeded to trial.

The prosecution called four (4) witnesses and tendered four Exhibits to wit: Exhibit PD1, Letter forwarding the case file, Exhibit PD2a, extra judicial statement of the appellant made on 3/6/09; Exhibit PD2b, extra-judicial statement of the appellant made on 5/6/09 and Exhibit PD111, Micah Eteng Ibe’s statement.

The learned trial judge found the appellant guilty of the offences charged, convicted her on all the nine counts of the charge and sentenced her to 14 years imprisonment. The appellant being dissatisfied with the verdict appealed to the Court of Appeal on the 6th day of November 2013 which court affirmed the decision of the court of trial except for the sixth count which it reversed.

Again aggrieved the appellant has come before the Apex court through a Notice of appeal of two grounds filed on the 14th day of July, 2014. The thrust of which is that the appellant did not understand the language of the court and that the proceedings were not interpreted to her from the beginning to the end. That the plea of the appellant was not properly taken and so the trial court was stripped of its jurisdiction to entertain the matter. That stand of the appellant is disputed by the respondent hence this present adjudication.

On the 1st day of December, 2016 date of hearing, learned counsel for the appellant, Isiaka Abiola Olagunju Esq. adopted the appellant’s brief of argument filed on the 20th October, 2014. He framed a single issue for determination which is thus:

Whether the Court of Appeal rightly affirmed the conviction and sentence of the appellant on all counts except one preferred against her in view of the fundament irregularities in the arraignment and trial of the appellant by the trial court. (Grounds 1 and 2).

C. J. Ajaegbu Esq. of counsel for the respondent, adopted the brief of argument settled by Selbot A. Langyi Esq., filed on 23/3/2015 and deemed filed on 20/1/16. In the brief was tersely crafted a sole issue for determination as follows:

Whether the court below was right when it affirmed the conviction and sentence of the appellant by the trial court.

Each of the issues as framed on either side in the main asks the same question which I shall use in this way.

SOLE ISSUE