/ . / In the conse ~\ uence of the totality of th 'd . ., . ; 1. e ev1 ence and findings made' aboye, the p osecution has _proved beyond reasonable doubt that thej r ,Defl ndant O the aforesaid da~e, place . and time committed the ! offe ?ce as ch rged. I therefore finp the Defendant guilty as charged . I ALL9curus: Lea rifl ed coun with \mercy in has ~ot had cond r ting th . , . \ 1 el passionately appeals to this court tel temper justice \ entencing the defeiidant, since he is a first offender and ny criminal antecedent. He also mentioned that he is ! case on pro bona. I ! SENTf NCE: I This c;ourt havi g heard the passiornate plea of the defence counsel for lenie1cy share the view expressJd by LOKUDO-SODIPE J.C.A in the case of JOSEP AMOSHIMA V. THE\ STATE [2008) LPELR 44369 CA that when \a law pr scribes death ~entence as punishment for an offence that i~\ does not allow exercise of di~cretion in sentencing. The hands of this cqurt is the efore tied in that re spect as this court having found the Defen ~ant guilt as charged lacks t 1e pow.er to exercise discretion and is bour d to se tence the Defendar t to death as prescribed _by law. Consequently, t e sentence of the court upon you is that you be hanged 1 i \! ·l by the \neck unt·t you are dead and may the Lord have mercy on your ~I soul. "· .I , ,. 1, I' ~ - =-.. . ~t&4l&~ " JUDGE 19/4/2018 I .- 'I J\ii 1, -·, 1· , APPEARANCES: 1 o\etendant present ,\ V\V. Ekwerekwu SSC wi~h R.C. Aganama Onyeze SSC for the State. Jl I Onyejekwe for the \Defendant I SUIT NO. 0/49'/2016: THE STATE VS CHIBUIKE DURU Judgment delivered 19/04/2018 orI Page I 26