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IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI BEFORE HIS LORDSHIP HON. JUSTICE O. Y. ANUWE Dated: March 19, 2015 SUIT NO. NICN/OW/04/2015 Between Attorney General of the Federation - Complainant And Ubah Joy Chioma - Accused Person Representation: Chidi Oruruo-Ifudu (Mrs.) for the Prosecution A.Femi Ogunrinde, with him, Isaac Adubazi for the Accused Person RULING The accused person was arraigned before this court on 16/3/2015 on a one count charge of kidnapping contrary to and punishable under Section 19[a] of the Trafficking in Persons {Prohibition} Law Enforcement and Administration Act, 2003 (as amended). After the plea of the accused person was taken, her counsel, Femi Ogunrinde Esq, raised an objection to the jurisdiction of this court to hear and determine the charge. Ogunrinde Esq. submitted that by virtue of section 7 of the NIC Act, Sections 33 (1), and 64 of the Trafficking in Persons {Prohibition} Law Enforcement and Administration Act, 2003, this court lacks jurisdiction to try the offence alleged against the accused person. In reaction to the objection, Oruruo-Ifudu (Mrs.) for the prosecution relied on Section 254C (1) i, of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010 and submitted that by that provision, this court has jurisdiction to try the offence. In his reply on point of law, Ogunrinde Esq. argued that the said Section 254C (1) i, of the Constitution of the Federal Republic of Nigeria did not contemplate the offence of kidnapping. Although this case is adjourned to today also for judgment, I shall have to first determine the objection to the jurisdiction of this court to try the case. The accused person is alleged, as disclosed on the charge sheet and on the summary of the facts of the case, to have kidnapped a 3 week old baby from her parents. She was consequently charged under section 19 (1) [a] of the Trafficking in Persons {Prohibition} Law Enforcement and Administration Act, 2003. For the avoidance of doubt, the section provides- “19. Kidnapping from guardianship (1) Any person who- (a) takes or entices any person under eighteen years of age or any person of unsound mind out of the custody of the lawful guardian of such person without the consent of the guardian or conveys any such person beyond the limits of Nigeria without the consent of someone legally authorised to give consent to such removal, commits an offence and is liable on conviction to imprisonment of fourteen years without an option of fine” In section 33 (1) of the Trafficking in Persons {Prohibition} Law Enforcement and Administration Act, it is provided that the court which has the jurisdiction to try the offences under the Act is the High Court. Section 64 of the Act defines the "High Court" to mean the Federal High Court, High Court of the Federal Capital Territory and the High Court of the State. In this case, the prosecution has now argued that by virtue of Section 254C (1) i, this court too has jurisdiction to try offences under the Act. The subject matters on which this court can exercise jurisdiction is as contained in section 254-C of the Constitution of the Federal Republic of Nigeria 1999 (as amended). I shall cite only the provisions relevant to the determination of this objection. “Section 254C (1) Notwithstanding the provisions of sections 251, 257, 272 and anything contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters- a. ------------------------------ b. ----------------------------- c.------------------------------ d.----------------------------- e.----------------------------- f.----------------------------- g.---------------------------- h.---------------------------- (i) connected with or related to child labour, child abuse, human trafficking or any matter connected therewith or related thereto; (3) --------------------------------------- (4) -------------------------------------- (5) The National Industrial Court shall have and exercise jurisdiction and powers in criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the National Industrial Court by this Section or any other Act of the National Assembly or by any other law” The entire provision of section 254C (1) of Constitution of the Federal Republic of Nigeria 1999 (as amended) deals with the civil jurisdiction of this court, which jurisdiction is exclusive. In subsection 5, this court is empowered to exercise criminal jurisdiction in respect of criminal causes and matters arising from the subject matters in subsection 1 of the section. The implication of these provisions is that before this court can assume criminal jurisdiction in any matter, it must be clearly shown that the criminal allegation or offence arose from or it is related or connected with the subject matters of the court’s civil jurisdiction or there is any other law which conferred the criminal jurisdiction in respect of the offence on this court. I have earlier examined the provision of Section 33 (1) and 64 of the Act which conferred jurisdiction to try offences under the Act on the Federal High Court, High Court of the Federal Capital Territory and the High Court of the State. This court is clearly not included. What is left to be determined now is whether it can be said in this case that the offence for which the accused is charged is connected with or related to the subject matter of Section 254C (1) i, of Constitution of the Federal Republic of Nigeria 1999 (as amended)? By virtue of subsection 1 (i) of Section 254C of Constitution of the Federal Republic of Nigeria 1999 (as amended), this court can only assume jurisdiction to try the offence alleged against the accused person if the offence is connected with child labour, child abuse or human trafficking. The charge against the accused reads- “That you Ubah Joy Chioma 'F' 26 years of Block 7 Junction Army Barrack, Onitsha, sometime in November, 2014 within the jurisdiction of this honourable court unlawfully took away from custody one baby Chetachukwu Nwosu 'F' about 3 weeks old belonging to Mr. & Mrs. Nwosu of Umunkpei Village Irete, Imo State and thereby committed an offence contrary to Section 19[a] of the Trafficking in Persons {prohibition} Law Enforcement and Administration Act, 2003 (as amended) and punishable under the same Act.” I have also read the facts of the case on the case summary and the proof of evidence including the statements of witnesses and that of the accused person. The summary the offence alleged against the accused person is that she kidnapped a 3-week old baby, Chetachukwu Nwosu, from her parents whom she took to her house to nurse but was arrested soon thereafter. From the documents available before this court, there are no facts therein to suggest that the accused involved the baby in child labour, child abuse or trafficked the child. I cannot find any fact also to suggest that the accused kidnapped the child with the purpose of enslaving the child, using the child for labour or to sell the child as to bring the case within the ambit of the criminal jurisdiction of this court. The offence alleged against the accused is strictly the offence of kidnapping as could be read from section 19 (1) a) of the Trafficking in Persons {Prohibition} Law Enforcement and Administration Act, 2003. This offence is not contemplated in subsection 1 (i) of Section 254C of the Constitution of the Federal Republic of Nigeria 1999 (as amended). It is my view that that provision cannot be expanded to accommodate every situation just because a child is involved. There is a clear cut demarcation between child kidnapping as provided in Section 19 (1) a) of Trafficking in Persons {Prohibition} Law Enforcement and Administration Act and child labour or child trafficking as provided in Section 254C (1) I of the Constitution of the Federal Republic of Nigeria 1999. Child labour is employment of a person under the age of majority as a worker and such a situation will include slavery, sale and trafficking in children, forced or compulsory labour and use of children in prostitution, drug trafficking or any work that will jeopardise their health, safety or morals. See Black’s Law Dictionary, 8th Edition at page 256. Similarly, human trafficking as used in Section 254C (1) i, of the Constitution of the Federal Republic of Nigeria 1999 will involve the trading in or selling of human beings for purpose of being used for labour. In Section 19 (1) (a) of the Trafficking in Persons {Prohibition} Law Enforcement and Administration Act, the offence of kidnapping is committed when a person takes another person who is under eighteen years of age out of the custody of the lawful guardian of such person without the consent of the guardian. From the foregoing, clearly, the matters on which this court may exercise its criminal jurisdiction arising from the subject matters of subsection 1 (i) of Section 254C Constitution of the Federal Republic of Nigeria 1999 are different from the offence of kidnapping with which the accused person is charged before this court. Consequently, I hold that this court lacks the jurisdiction to try the accused person for the offence she is charged with. The courts which have jurisdiction to try the accused person for the offence charged are the Federal High Court, the FCT High Court or the State High Court but definitely not this court. It is appropriate that this case be tried by any of the competent courts. In the circumstances of this case, and by virtue of Section 24 of the National Industrial Court Act 2006, this case is hereby transferred to the High Court of Imo State for trial. Ruling is entered accordingly. Hon. Justice O. Y. Anuwe Judge