“273. Whoever kidnaps or abduct any person shall be
punished with imprisonment for a term which may
extend to fourteen years and shall also be liable to fine.”
While from the wordings of the section the trial court has
been giving some discretion as to the term of imprisonment in
relation to years, it has no discretion to exercise in relation to
the imposition of fine in addition to the term of years of
imprisonment the convict will be serve.
It is trite law that where a statute prescribes a mandatory
sentence in clear terms a trial court has no discretion or
jurisdiction to imposed anything to the contrary. The
sentence must be pronounced without any reservation because
it is a duty imposed by law as the court cannot pass a sentence
contrary to the penal policy of the law creating the offence,
as doing so will amount to a recipe for chaos in the
administration of criminal justice.
- Amoshima V. State {2011} 14 NWLR pt 1268 p 530
- Tanko V. State {2009} 4 NWLR pt 1131 p 480
Accordingly and in view of the foregoing, the sentence of this
court upon you Alhaji Aliyu Jaye, Umar Muhammed Daneri and
Baito Na Alti for the offences of criminal conspiracy and
abduction contrary to sections 97 (1) and 273 of the penal
code law Cap. 104 laws of Sokoto state 1996 is two {2} years
and ten {10} years respectively and N100, 000 fine each in
addition to the ten {10} years imprisonment for the offence
of abduction or five {5} years imprisonment in lieu of the
N100, 000 fine. The 3rd defendant {Baito Na Alti} is hereby
sentenced to a fine of N20, 000 with an option of five {5}
years imprisonment in lieu of the fine for the offence of
37