M.G. Gidan Madi Esq: The duty of the prosecution is to proof the case
beyond reasonable doubt, the powers to consider any
allocutus is always at the court discretion which the courts
are enjoy to exercise judicially and judiciously, we just
want to draw the attention of this Hon. Court to the
provision of sections S (7) of violence Against Persons
/Prohibition Law/ 2022, in which the word shall is use
which follows a mandatory sentence we therefore urge this
Hon. Court to consider the said section and act
accordingly.
SENTENCE
Court:
By the provisions of Section 310 (3) of the Sokoto State
ACJL of Sokoto State 2019, after conviction while
sentencing, a trial court is required to take into
consideration all aggravating and mitigating evidence
factors or information as a guide in deciding the nature and
extent of the sentence to be passed on the convict.
I have considered the allocutus made by the defence counsel and the
grounds upon which they were made on behalf of the convict and also
the response of the prosecuting counsel.
Cognizance must however be taken to the provisions of SS 5 (7) of the
Violence Against Person Prohibition Law 2022, in relation to the
punishment provided for the offence of rape, which prescribed the
mandatory sentence of life imprisonment.
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