Section 510(1) of the ACJL of Sokoto State 2019, provides that
where a Court has authority under any written law to impose,
imprisonment for any offence and has no specific authority to
impose a fine, for that offence (as in this case), the Court may in
its discretion impose a fine in lieu of imprisonment.
Upon the plea of Convict for leniency upon the reasons given
above, I have taken into consideration of all the above reasons
given by the Counsel to the Convicts as the yardstick and guide
for considering the nature and extent of the sentence to be
passed/and/or imposed on the Convicts.
It is also trite law that a trial Court can pass a sentence less than
the one provided by law creating the offence after having regards
to factors that can mitigate the sentence as in this case.
- Musa V. State (2012)3 NWLR 50.
- Amoshina V. State (2011)14 NWLR pt 1268 p 50.
Similarly, I have taken into consideration the decisions of our Superior
Courts that it is trite law that the power to impose fine in lieu of
imprisonment, it is a discretionary one to be exercised judicially and
judiciously.
- Nurude V. FRN (2016)5 NWLR pt 1506 p 471.
- Omokwajo V. FRN (2013)9 NWLR.
In view of all the foregoing, the Convicts are hereby sentence to 2
years each for the offence of Criminal Conspiracy contrary to Section
26(1)(c) and punishable under Section 19 of Corrupt Practices and other
Related Offences Act, 2020 with option of fine N40,000 from today.
The Convicts are also sentenced to 2 years imprison each of the
offence of using position to confer corrupt and unfair advantage contrary
to and punishable under Section 19 of the Corrupt Practices and Other
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