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, Page 33 of 34

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