The three man-panel presided by Justice Mohammad Ibrahim Sirajo, quashed Ologbe’s conviction, in a judgment delivered on September 5, 2024, on the ground that the prosecution, National Agency for the Prohibition of Trafficking In Person (NAPTIP), failed to prove his guilt plea beyond reasonable doubt.
Chief Abdullai Tony Dania, Lawyer To the Freedom Man, Olusegun Richard Ologbe
The freed man, Ologbe, was given a total of 21 years imprisonment sometimes in 2021 alongside one other person, by justice Abdulaziz M. Z. Anka on a three count-charge of conspiracy, attempt to organize a foreign trip for a lady, for prostitution purposes and engage in fraudulent act, made against them by the National Agency for the Prohibition of Trafficking In Person (NAPTIP).
justice Anka has been elevated and he is currently a Justice of Court of Appeal.
Dissatisfied with Justice Anka’s decision, Ologbe through his lawyer, Chief Abdullai Tony Dania, approached the Appeal Court, to quash the judgment of the Federal High Court and to discharge and acquit him of the three counts charge in an appeal numbered CA/LAG/CR/796/2021.
In urging the appellate court to free his client of Justice Anka’s judgment, Chief Dania raised the following issues: “Whether or not it was right for the Trial or Lower Court to have convicted the Appellant, whereas his culpability was not established by the evidence adduced at trial.
“Whether the Judge was right in re-framing the Charge at the point of delivering Judgment, and convicted the Appellant on the commission of the full or complete substantive offences, without taking a plea to same; whereas the Appellant was charged for attempt” to commit the said offence, as contained in the original Charge, to which his plea was taken.”
Chief Dania after making legal submissions on the two issues and cited several superior plethoras of legal authorites, urged the court to discharge and acquit his client of the charges, as well quash his conviction.
On its part, NAPTIP through it’s Principal Legal Officer, Becky Mama Jimbo, raised one issue for determination, which was: “whether the court below was right to have convicted the appellant on the evidence led by the respondent.”
Jibo in her submission, after citing several legal authorites, urged the Court to dismiss the appellant’s appeal for being unmeritorious.
Delivering judgment in the appeal and both the issues raised and the arguments canvassed by the parties,Justice Sirajo, held that: “…. In concluding this judgment, and in relation to the extra-judicial statement of PW1, one wonders the underlining reason for Keeping it away from the lower Court by the respondent, and much more, the refusal of the lower Court to invoke its jurisdictional competence to look into all that form the contents of the record before it in order to arrive at a just decision therefrom.
“The lower Court has the preserve duty of evaluation of evidence, failure of which an appellate Court can interfere in that role.
On its part, the respondent’s role is to prosecute and not to persecute. It has a duty to lay before the Court all evidence, including those that might be favourable to the defendant. The prosecution’s duty does not extend to securing conviction at all cost, even to the detriment of justice.
“In view of the foregoing, I find that the respondent failed to prove the guilt of the Appellant beyond reasonable doubt, rendering his conviction erroneous. I find the appeal meritorious and is hereby allowed.
“The judgment of the Federal High Court, Lagos, delivered on 17th March, 2021 by Anka, J., in Charge No. FHC/L/160C/2017, is hereby set aside. The Appellant is discharged and acquitted forthwith.”
Other members of the panel, Justice Jimi Olukayode Bada and Justice Folashade Ayodeji Ojo, were in total agreement with the decision of Justice Sirajo.
Agreeing with Justice Sirajo’s judgment, Justice Bada held that: “My lord has dealt with the Issues in this appeal in a very lucid manner and I agree entirely with reasons contained in the Judgment as well as the conclusions reached.
“I am also of the view that there is merit in the appeal and it is allowed by me.
“I abide by the consequential order made in the said leading Judgment.”
While Justice Ojo held: “I agree with my learned brother that this appeal has merit and should be allowed.
“The grouse of the appellant in the main is that the prosecution failed to prove his guilt beyond reasonable doubt. He contended that the prosecution failed to establish that he was involved in any fraudulent conduct aimed at inducing PW1 to travel abroad for prostitution.
“I have carefully examined the evidence on record and I completely agree with my learned brother that the prosecution failed to prove the offence against the Appellant beyond reasonable doubt by credible evidence. To secure the conviction of the Appellant the prosecution needed to do more. There was the need for further investigation.
“It is for the above and the more detailed exposition in the lead judgement that I also find merit in this appeal and I join in allowing same. I abide by the consequential orders in the lead judgement.”
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