“Where the convict is a Public officer the Judge shall order the Court
Registrar to forward a copy of the Judgment to the appropriate
Administrative Disciplinary Agencies and Code of Conduct Bureau.”
Going by sections 9(3) and (4) of the Sentencing Guidelines 2016, such
Judgment can also be forwarded to Corporate Affairs Commission or any
professional regulatory agency in which the convict belongs.
Again, any time spent by the convict in prison custody awaiting or undergoing
trial shall be considered and computed in sentencing the convict in line with the
provision of section 416(2) of the Administration of Criminal Justice Act 2015.
The Court is equally bound to give reason for any sentence imposed.
In this particular case, the Court had listened to the allocutus and recorded the
respective parties’ submissions in that regard.
The Defence Counsel had stated that a convict is a first offender, a grandmother,
wife, and that she has some health challenges though he did not present
documents to that effect.
The Prosecution Counsel has on their part urged the Court to impose custodian
sentence no matter how small. She had to equally informed the Court that she
was hearing for the first time the fact that the convict is a mum, grandmum, wife
to a sick husband and also suffered from hypertension.
In paragraph 6 of the Plea Bargaining Agreement the parties agreed that
“Sentencing in this matter shall be left to the discretion of the Honourable
Court regard been had to the seriousness of the offence, punishment
prescribed for the offence in the Act and the forfeiture by the CONVICT” –
(emphasis mine).
There is no doubt that the offence of cheating is serious. There is equally no
doubt that the amount involved is relatively enormous. The essence of
JUDGMENT IN FRN VS. NKECHI CAROLINE AMADI
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