Serah Ekundayo Ezekiel V. Attorney General Of The Federation (2017)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The appellant in this appeal and others were arraigned before the Federal High Court, Ikeja Judicial Division, on November 18, 2011, on a Charge which alleged the offence of trafficking in persons contrary to Sections 15 (a); 15 (c ); 16; 19 (1) (b); 19 (1) (d) and 21 of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003 (as amended).

Miss Nneka Adaora Ajie, a Law Officer of NAPTIP, signed the Charge dated November 18, 2011, woven around eighteen Counts, for the Honourable Attorney General of the Federation.

A year later, precisely, on November 18, 2012, the said Miss Nneka Adaora Ajie, on behalf of the Honourable Attorney General of the Federation, amended and signed the Charge, again, anchored on eighteen counts against the appellant only.

She was alleged to have committed offences of trafficking in persons contrary to Sections 15 (a); 15 (c ); 16; 19 (1) (b); 19 (1) (d) and 21 of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act, 2003 (as amended).

Upon her arraignment on the amended

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charge on February 24, 2012, the appellant, who was unrepresented, pleaded guilty to all the counts. The Court, (hereinafter referred to as “the trial Court”), in consequence, finding her guilty as charged, convicted her on the eighteen Counts or the Charge and sentenced her to various degrees of sentences: all sentences to run concurrently.

Aggrieved by her conviction and sentence, she appealed unsuccessfully, to the Court of Appeal, Lagos Division (throughout this judgment, simply referred to as “the lower Court’), which Court affirmed the Trial Court’s verdict.

This further appeal is the appellant’s expression of her disgust against the lower Court’s affirmation of the trial Court’s decision. She framed two issues for the determination of her appeal: issues which were endorsed by the respondent. They were couched thus:

1. Whether Law Officers of the National Agency For the Prohibition of Traffic (sic) in Persons and Other Related Matters (NAPTIT) (sic) are officers in the Department of the Attorney General of the Federation and can sign Charge or Processes initiated by the Attorney General of the Federation for and on behalf of the Attorney General of

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the Federation

2. Whether if the lower Court had considered the submission of the appellant’s counsel that the appellant was a victim of the offences she was charged (sic) and first offender, the lower Court would not have come to the conclusion that the learned trial judge has (sic) eminently exercise (sic) his discretion judiciously and judicially thereby reduce (sic) the sentences passed on the appellant

ARGUMENTS ON THE ISSUES

ISSUE ONE