Section 320(a) and Punishable Under Section 322 of the Penal
Code Law Cap 532 Laws of the Federation of Nigeria, 1990.
On 18th May, 2015, the Accused was arraigned in court on the Amended
Charge. The two counts charge was fully read to the Accused in English,
he understood same to the satisfaction of court and he duly pleaded guilty
to the charge. To ensure that the Accused truly intended to plead to the
two counts charge, I called or invited the prosecution to state the facts of
the case with respect to each count.
Learned counsel to the prosecution proceeded to state the material facts
and tendered documents in support or in proof of the ingredients or
elements of the offences the Accused is charged with and urge the court to
convict the Accused as charged.
After the presentation by the prosecution, I enquired from the Defendant
whether his plea of guilty is as to the facts stated by the prosecution. The
Accused answered in the affirmative; that he fully understood the facts and
ingredients of the offences and stood by his plea of guilty.
Learned counsel to the Accused person similar affirmed that his client
understood the charge and that he was pleading guilty to the three counts
charge.
I am in no doubt therefore that the Accused fully understood the charge
and his plea of guilty was unequivocal.
In the circumstances, the duty of the court is circumscribed by the clear
provisions of Section 187(1) and (2) of the Criminal Procedure Code. I
hereby accordingly find and pronounce the Accused guilty on the two
counts charge and convict him as charged.
---------------------------------Hon. Justice A.I. Kutigi
ALLOCUTUS
Hirse: On behalf of the Accused Person, we urge the court to temper
justice with mercy. The Accused is very contrite and has realised the folly
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