evoke the provisions of section 11 of the Act and section 314 of
the Administration of Criminal Justice Act, 2015 and order
restitution to the victims.
Having listened to the submissions of both Counsel, it is correct
and that is the law that even where a law prescribes mandatory
sentence without an option of fine, the Court has discretion to
order payment of fine in lieu of imprisonment. However, the
discretion must be exercised judicially and judiciously.
In the instant case, I have noted the plea of mercy submitted by
the convict’s Counsel. I will be lenient on the convict. And I must
equally observed that these type of offences in our society are
becoming too rampant and despite of several convictions secured
in related cases, the offenders continue to commit same
unabated. In fact it appears when a conviction is secured, and an
option of fine is given, it gives the offenders more impetus and
courage to do more rather than abstaining, restraining or
becoming born again, hence the conviction becomes a flavour
that greases their elbows to do more. We therefore have a duty
to cleanse up our society of bad eggs like the convict.
Be it as it may, I am not sure if the convict is remorseful in his
action. The convict demonstrated this at the proceedings of
yesterday. And it is also on record that the convict at trial stage,
was calling the investigators and showering abuses on them. The
investigators are only doing their Constitutional duties and not
subject to the caprises of the convict.
Thus, having said the above, the convicts is hereby sentenced to
a term of two (2) years imprisonment in respect of count one for
the offence of obtaining by false pretence punishable under
section 1(3) of the Act. In relation to section 364 of the Penal
Code in relation to counts 2,3,4 and 5, on each count, a fine of
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