The applicant vide a Notice of Motion dated 13th September 2024 seeks leave to appeal out of time.
He was convicted and sentenced on 26th April 2023. The applicant is serving a person of 18 years 4 months having been convicted for the offence of counter trafficking in persons contrary to Section 3 (5) of the relevant act.
The term of imprisonment is long thus calling for this court to exercise its discretion in favour of the Applicant. The Applicant has informed the court that the is yet to receive the record OF the lower court.
The court takes cognizance of the fact that the applicant cannot be faulted for delay in presenting the instant application. The delay has been occasioned by the court by failing to make the lower court proceeding available to him.
The explanation for the delay is thus plausible and excusable. The application is therefore allowed and the Deputy Registrar of this court is directed to ensure that the lower court record is supplied to the applicant to enable him file the appeal within 14 days of receipt of the record.
It is so ordered.