S_T ATE VS . USMAN (2005) 1 NWLR (PT. 906) 80. I I Having considered th · th d f · e evidence adduced by the prosecution and . e e endant and found as indicated above I hold that the sole issue for d t · · ' . . e erm1natIon must be and is hereby resolved in terms of the !mdmgs; that is, partly in favour of the prosecution and partly against her. Accordingly, judgment is entered in the following terms :- 1. The prosecution proved a lesser offence of robbery contrary to section 1( 1) :of the Robbery and Firearms Special Provision Act, Laws of the Federation of Nigeria , 2004 beyond reasonable doubt against the defendant and he is found guilty accordingly. 2. The · prosecution failed to prove the charge relating to the offence of armed robbery against the defendant beyond reasonable doubt and the defendant is discharged and acquitted in respect of the armed robbery charge . ALLOCUTUS IN RESPECT OF THE DEFENDANT Defendant's counsel - Urges the court to be lenient with the defendant. He is a very young man that can still be useful to the society. He says that he is a first offender and is married with a child . The defendant has been in custody for over four years and has shown remors~. He urges the Court to temper justice with mercy. Prosecuting counsel - No record of any previous conviction . COURT:- The plea under allocutus is noted and appreciated . SENTENCE In respect of the lesser offence of robbery, the defendant CHUKWUEMEKA OBI FIDELIS is sentenced to ten(10) years imprisonment without option of fine. Note:- The ten(10) years is calculated from the year he went into prison custody , namely the 14th day of March , 2013. 25