The Appellant was charged in a District Court with the
offence of aiding or abetting other people to contravene the provisions of
section 31 (1) (p) and (2) of the Immigration Act [Cap 54 R.E. 2002] and on a
second count for contravening the provisions of section 31 (1) (a) (2) of the
Act. The Appellant pleaded guilty and was convicted on both counts and
sentenced to a term of a year imprisonment and both sentences were to run concurrently.
On appeal to the High Court the Appellant challenged the decision on the
grounds that the conviction was based on a defective charge which did not
disclose the offence charged and it was wrong for the trial court to pass a
custodial sentence against the Appellant without affording him an opportunity
of paying a fine in line with the provisions of the law under which the
Appellant was charged and in the circumstances of this case.