From the wordings of Sections 194 of the Sokoto
State Penal Code Law 2019 and 404 of the ACJL of
Sokoto State 2019, it appears that the trial court has
been given some discretion during sentencing a
convict who happened to be convicted under Section
194 of the Sokoto State Penal Code Law 2019
especially if he is below 18 years. It is trite law that
where a statute gives discretion to a trial court to
exercise discretion in sentencing a convict and it has
become judicious and judicial to do so, then the trial
court can pass a sentence less than the one provided
by the law creating the offence after having regards to
the facts and circumstances of the case.
- Musa V. State (2012) 3 NWLR 50.
- Amoshima V. State (2011) 14 NWLR pt 1268
p 50.
In consideration of the plea of leniency made by the
defence counsel on behalf of the convict and the
response of the prosecuting counsel as well as the
facts and circumstances surrounding the action of the
convict against the deceased, I am of the humble view
that this is a case in which this court can temper
justice with mercy. While I must take into
consideration the attitude of the deceased towards the
convict as disclosed by the available evidence
adduced before this court which led to the
hospitalization of the convict as a result of the
severity of the injuries the convict sustained,
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