Olusegun Richard Ologbe 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 – Alatise Oluwasanmi Samuel, 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.KA 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 (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 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, the appellant and his co-defendant, Alatise Samuel Oluwasanmi, pleaded not guilty to each of the counts in the charge, after which the trial commenced in the lower court.

To prove its case, the prosecution called 2 witnesses, to wit; Mercy Okeda as PW1 and Oshiafu Musa, an Operative of the National Agency for the Prohibition of Trafficking in persons (NAPTIP), as PW2, and tendered some number of exhibits through the said witnesses. At the end the prosecution’s case, the defence filed a no-case submission in the lower court, but had to enter its defence when the application was over-ruled by the learned trial Judge. Consequently, the defendants filed a joint defence for both the appellant herein and his co-defendant.

The appellant, as the 2nd defendant, testified for himself as DW1, at the trial, and through other witnesses called in evidence by the defence. The 1st defendant also testified as DW3 after which the trial was closed on 21st July, 2020. 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 1st defendant were convicted on all the 3 counts in the charge preferred against them and consequently sentenced them to 5 years; 7 years and 5 years respectively for counts 1, 2 and 3.

The appellant was aggrieved and had commenced the instant appeal vide the notice of appeal dated and filed on 28th June, 2021, with the leave of court, anchored on three grounds, as reproduced at pages 364 – 367 of the record of appeal.

The following issues were set down by the appellant for determination of the appeal as contained in the appellants brief of argument settled by Chief Abdullai Tony Dania with Kelvin U. Omoke; Vivian Odinaka Ayogu and Timothy Chima filed on 13/05/2022 and deemed on 22/05/2023.