the time of trial or application is heard, unless there is any provision to
the contrary.
- Kpema V. State (1986) 3 NWLR pt 17 p 396.
- Adeyeye V. Ajiboye (1987) 3 NWLR pt 61 p 432.
- Zubair V. Kolawole (2019) 33 WRN 51 at 83
lines 25-30 per Nweze JSC.
In consideration of all the foregoing, it is the humble view of this court
that since there is no any clear intention in the Sokoto State Penal
Code Law No. 4 of 2019 that the law was intended to have a
retrospective effect, the appropriate organic or substantive law and
Sections of the law relevant to the charges as filed by the prosecution,
must be captured right from the onset. Consequently and henceforth in
this Judgment, Criminal Conspiracy, Armed Robbery and Causing
Grievous Hurt contained in the three (3) counts charges filed by the
prosecution against the Defendants, will be deemed as punishable
under Sections 97(1), 298(b) and 247 of the Sokoto State Penal Code
Law Cap. 104 Laws of Sokoto State 1996 respectively being the Penal
Code Law in force in Sokoto State as at 20th December, 2018. The
Sections provide as follows:“91(1). Whoever is a party to a Criminal
Conspiracy to commit an offence
punishable with death or with
imprisonment shall where no
express provision is made in this
Penal Code for the punishment of
such a Conspiracy, be punished in
the same manner as if he had
abetted such offence.
Page 8 of 27