Ingredients of the Offence of Buying, Selling, Hiring, Letting or Obtaining Possession or Disposal of a Person for Exploitation

CASE TITLE: ONYEABOR v. FRN (2025) LPELR-81417(CA)

JUDGMENT DATE:  11TH JUNE, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ABBA BELLO MOHAMMED, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the Offence of Human Trafficking.

FACTS:

This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja delivered on 26th October, 2022

The Appellant and one Felix Ade Oladele were arraigned by the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) before the High Court of the Federal Capital Territory, Abuja, for conspiracy to obtain possession of an infant baby of about 4 days old from one Hannatu Sunday ‘F’, 22 years old, for the purpose of exploiting the said Hannatu Sunday and thereby committed an offence contrary to Section 27 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015, and punishable under Section 21 of the same Act. They were also charged for the substantive offence alongside the charge for conspiracy.

In proof of its case, the Respondent called two (2) witnesses. The Appellant testified in her defence. The case of the Respondent against the Appellant was essentially on Counts 1 and 3 of the charge. After a full trial, the learned trial Judge delivered judgment on 26th October, 2022, wherein he convicted the Appellant of the said counts 1 and 3 of the charge and sentenced her to five (5) years imprisonment with a fine of N2,000,000.00 (Two Million Naira).

Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court determined the appeal adopting the sole issue raised by the Respondent, thus:

“Whether from the pieces of evidence adduced at the trial, the trial Court was right in convicting the Appellant as charged.”

DECISION/HELD:

In conclusion, the Court allowed the appeal and set aside the conviction and sentence of the Appellant by the Trial Court delivered on the 26th of October, 2022.

RATIOS:

• EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – On whom lies the burden of proof in criminal matters; whether the burden of proof on the prosecution can shift to the accused person
• APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – What an appellant must show to succeed in an appeal against evaluation of evidence by lower Court
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY – Proper approach to an indictment which contains a charge of conspiracy and a substantive charge
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF TRAFFICKING IN PERSONS – Ingredients of the offence of buying, selling, hiring, letting or obtaining possession or disposal of a person for exploitation
• CRIMINAL LAW AND PROCEDURE – DOUBT – Effect of doubt in criminal proceedings/whether doubt must be resolved in favour of the accused
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY – Whether the offence of conspiracy and a substantive offence must succeed together or fail together where the offence of conspiracy is inferred only from the commission of the substantive offence
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF BUYING OR SELLING OF HUMAN BEINGS – Vital ingredients the prosecution must prove to establish the offence of buying or selling of human beings under the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act

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