Effect of Doubt in Criminal Proceedings/Whether Doubt Must Be Resolved in Favor of the Accused

CASE TITLE: OLOGBE v. FRN (2024) LPELR-62852(CA)

JUDGMENT DATE: 5TH SEPTEMBER, 2024

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Law and Procedure.

FACTS:

This appeal is against the judgment of the Lagos Division of the Federal High Court presided over by A.M. Anka, J., delivered on March 17, 2021.

The appellant and one other, Alatise Oluwasanmi Samuel, were the defendants at the trial court. Upon arraignment, the appellant and his co-defendant, Alatise Samuel Oluwasanmi, were charged with the offence of trafficking in persons contrary to the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015. They pleaded not guilty to each of the counts in the charge, after which the trial commenced in the trial court. To prove its case, the prosecution called its witnesses and tendered some number of exhibits through the witnesses. At the end of the prosecution’s case, the defence filed a no-case submission in the trial court but had to enter its defence when the application was overruled 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 first defendant also testified as DW3, after which the trial was closed on 21st July, 2020. The trial court, in its judgment in the case, wherein the appellant and the 1st defendant were convicted on all 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 with the decision of the trial Court, hence, this appeal.

ISSUE(S) FOR DETERMINATION:

The Court adopted the respondent’s sole issue in the determination of the appeal, thus:

Whether the Court below was right to have convicted the Appellant on the evidence led by the Respondent.

DECISION/HELD:

In the final analysis, the appeal was allowed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- OFFENCE OF TRAFFICKING IN PERSONS- Ingredients of the offence of trafficking in persons
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY- Whether the offence of conspiracy is separate and distinct from the actual commission of the offence
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY- How to establish/prove the offence of conspiracy
• CRIMINAL LAW AND PROCEDURE- DOUBT- Effect of doubt in criminal proceedings/whether doubt must be resolved in favour of the accused
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF- Burden of proof and standard of proof in criminal cases
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT- The requirement of the law as regards proof beyond reasonable doubt
• EVIDENCE- ORAL/DOCUMENTARY EVIDENCE- Whether documentary evidence can be used as a hanger to assess oral evidence
• PRACTICE AND PROCEDURE- RECORD OF COURT PROCEEDINGS- Whether a court is entitled to look at the record in its possession to make use of the information contained in it

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