offence punishable under Section 364 of the Penal Code Cap 532
LFN and I so hold. Hence therefore, I hold the further view that
the prosecution have proved the ingredients of the offences
charged by credible evidence against the Defendant beyond
reasonable doubt and I so hold. Accordingly, the Defendant is
hereby convicted on the Five (5) Counts charged.
----------------------------------HON. JUSTICE D.Z. SENCHI
(PRESIDING JUDGE)
25/4/18
Court:-
Any plea of Allocutus?
Ajayi:Our plea of allocutus is predicated on sections 311 and
312 of Administration of Criminal Justice Act, 2015, and placed
heavy reliance on section 311 (a)-(e) of the Act. We make our
submission pursuant to the above provisions and also the import
of the provisions therein. The convict is the bread winner of his
family and he has kids that depended solely on him and aged
parents whom are sick, a fact the convict brought to the notice of
the Court at one of the trials. I also have a privileged information
wherein the convict had virtually lost everything in his life; his
wife has deserted him and the convict sleeps on the streets now.
He is a first time offender and the convict has been diligent in all
trials in this case. On the mandatory requirement, I refer to the
case of C.O.P V BUHARI (2000) FWLR 164 to the effect that
the Court has discretion despite the mandatory nature of the
provision to give an option of fine. In the whole I ask the Court
for the convict to milk from the mercy of the Court as section 314
31