judicial to do so, then the trial court has the adjudicatory powers to
exercise the discretion.
- Musa V. State (2012) 3 NWLR 50.
- Amoshina V. State (2011) 14 NWLR pt 1268 p 50.
I have also taken into consideration in passing this sentence of the
provision of section 415(2) (d) and (e) of the ACJL of Sokoto State
2019 which requires a trial court not to pass the maximum sentence
provided for an offence against first offender as well as the need of a
trial court to take into consideration the period spent in detention by
the convict while undergoing trial in computing the sentence.
In sentencing the convicts, I have also taken into consideration the
provision of subparagraph (2) (K) of section 415 of the ACJL of Sokoto
State 2019 which provided that sentencing to a term of imprisonment
shall apply but only to those offenders who should be isolated from
society and those whom other forms of punishment have failed or is
likely to fail.
In consideration of all the foregoing, the sentence of this court upon
you (1) Muazu Modi (2) Ali Usman and (3) Abu Ali for the offences of
causing death when the intention is to cause hurt punishable under section
195 of the Sokoto state penal code law 2019 and criminal conspiracy
punishable under section 60 of the same law is an option of fine of
N200,000 each and N50,000 each for the said offences respectively or
five {5} years and two {2} respectively in default. The sentences are to
run concurrently and with effect from the date the convicts were first
remanded at the correctional center.
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