will have a very good criminal justice system where trials are not
unnecessarily delayed. I will also share the submissions of the learned
counsel to the Accused that he be ordered to pay a fine. The punishment
of fine would be appropriate in the circumstances.
SENTENCE
I have carefully considered the plea for mitigated sentence as brilliantly
articulated by learned counsel to the Accused Person above. I have
similarly carefully considered the response of learned counsel to the
Prosecution.
It is of interest to note that the prosecution has been impressed by the
penitent disposition of the Accused from the commencement of the
investigation till date and therefore are similarly on the same page with the
counsel to the Accused Person that the court shows maximum leniency
towards the Accused Person by sentencing him to payment of fine as
provided for by law.
Let me state at the outset that I am persuaded by the submissions on both
sides of the aisle. In considering these submissions, I am obviously to be
guided by the clear provisions of the law which provides the punishment for
the offences charge. The punishments under Sections 363 and 132 range
from imprisonment or fine or both. Whatever discretion that may be
exercised must be such obviously allowed by law. It is trite law that the
sentence of a court must be in accordance with that prescribed by the
statute creating the offence. The court cannot therefore impose a higher
punishment than that prescribed for the offence neither can a court impose
a sentence which the statute creating the offence has not provided for.
See Ekpo V. State (1982)1 NCR 34.
Now my attitude when it comes to sentencing is basically that it must be a
rational exercise with certain specific objectives. It could be for retribution,
deterrence, reformation etc in the hope that the type of sanction chosen will
put the particular objective chosen, however roughly, unto effect. The
sentencing objective to be applied and therefore the type of sentence to
give may vary depending on the needs of each particular case.
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