Yetunde:- medicines. And that explains her absence in the number of adjournments in this case and the convict right now, she is in bad shape. As a result of this matter and the health of the convict, the convict has suffered separation from her husband. The convict is greatly remorseful of all actions leading to her conviction. We urge the Court to temper justice with mercy and to consider the fact that the convict has been in detention with the prosecution since 29th January, 2019. This fact only got to me after the proceedings of 11th March, 2019. I urge the Court to temper Justice with mercy and be lenient to the convict and grant the convict a respite of two weeks imprisonment or option of fine of N50,000.00 only. Although there is no record of previous conviction, the law is clear that where the law imposes mandatory sentence, the Court cannot hold otherwise. See the case of EZEANI V FRN (2019) LPELR 56800. The convict since May, 2016 has been at large and only recently arrested in another matter at our Uyo office. I also urge the Court to make an order of restitution under section 321 (a) Administration of Criminal Justice Act, 2015. SENTENCE In passing the sentence on the 3rd convict, I take into account the plea of leniency presented by her Counsel, I.U Agala Esq. I note that the convict is a first offender and she has dependants that rely on her for their daily bread. I also take into account the fact of separation of the convict with her husband even though there is no evidence of marriage as well as separation. I will be lenient on the convict. However, in being lenient with the convict and the passionate appeal of Counsel to evoke section 416 (2) (a) and (b) of the Administration of Criminal Justice Act, 2015, the facts and circumstances of this case that led to the conviction of the convict in absential are crystal clear from the records of this case. 45