Appeal Court acquits school head of child trafficking charges

The Court of Appeal in Ibadan, Oyo State, has discharged and
acquitted the head of Sunshine Group of Schools, Ibadan, Mrs.
Olayinka Taiwo, of child trafficking charges.

The appellate court nullified her conviction by a Federal High
Court for the offence.

The National Agency for the Prohibition of Trafficking in
Persons (NAPTIP) arraigned Taiwo on February 21, 2017. It accused
her of conspiring with Oyediran Oladapo (at large), to fraudulently
procure the entry of Olusola Abike Oyediran into the United Kingdom
“in which she is not a national and permanent resident in order to
obtain financial benefit”.

The alleged offence, the prosecution claimed, contravened
Sections 26 (2) and 27 (a) of the Trafficking in Persons
(Prohibition) Enforcement and Administration Act 2015.

The lower court, on December 10 last year, found Taiwo guilty on
both counts and sentenced her to five years imprisonment on each
count.

Dissatisfied, Taiwo appealed through her lawyer Olaniyi
George.

In a unanimous judgment delivered on May 13, a certified true
copy of which was obtained yesterday, Justice Folasade Ojo
nullified her conviction.

Other justices on the panel, Abubakar Talba and Noyerem
Okoronkwo, agreed with the lead judgment.

The Court of Appeal held that the prosecution did not prove the
ingredients of the offence of child trafficking. It held that there
was no evidence before the lower court to conclude that Taiwo
committed the offence and benefitted financially from child
trafficking.

Justice Ojo held: “I have gone through the entire gamut of the
record and cannot find any evidence from which to draw any
inference that the appellant agreed with Jelili to procure Abike’s
entry into the UK with the intent to derive financial benefit.

“The essential ingredient of the offence of conspiracy has not
been proved against the appellant. I find the lower court to be in
error when it convicted the appellant on both counts of the
charge.

“The prosecution failed to establish the ingredients of the
offences for which the appellant was charged. Accordingly, I find
merit in this appeal and it is hereby allowed. The judgment of the
lower court, delivered on December 10, 2018 is hereby set
aside.

“I enter a verdict of not guilty in favour of the appellant. She
is discharged and acquitted on both counts of the charge.”

Concurring with the lead judgment, Justice Talba added: “I agree
with the conclusion that findings of the lower court, that the
appellant benefited financially, is not supported by evidence on
record. There is equally no evidence on record to draw any
inference that the appellant agreed with Jelili to procure Abike’s
entry into the UK with the intent to derive financial benefit.

“The prosecution has failed to establish the ingredients of the
offences for which the appellant was charged. I also find merit in
this appeal and it is hereby allowed. I abide by the consequential
orders in the lead judgment.”

Justice Okoronkwo added: “The trial judge acted on her own
conjecture and not evidence. The lead judgment in this appeal by my
Lord Folasade Ojo has demonstrated the futility of such
conjecture.

“The stream of criminal law must be kept pure and devoid of all
subjectivity. Judges must look beyond the parties in cases before
them.

“I agree with the lead judgment. I also discharge and acquit the
appellant.”

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