In view of all the foregoing, it is the humble view of this court that the
prosecution has proved its case against the defendants in respect of the
two {2} offences beyond reasonable doubt as required by law and
found you (1) Muazu Modi (2) Ali Usman and Abu Ali guilty as
charged in respect of the offences of criminal conspiracy and causing
death when the intention is to cause hurt punishable under section 60 and
195 of the Sokoto State penal code law 2019.
- Ajayi V. State {2013} 53 SCNQR pt II p 632
- Ikaria V. State {2013} 8 NCC 248
- Alibi V. State {1993} 7 NWLR pt 307 p 511
Consequently, I resolve the sole issue formulated in favour of the
prosecution and against the defendants.
ALLOCUTUS
Kamal O. Fagbami Esq: The appeal passionately that the convicts are
first term offenders who have been in detention since
sometimes in November, 2019 which is more than 4 years.
They appeared remorseful of their action and they are
young age. When the convict was arrested, he was 15 years
while 2nd and 3rd were 25 years. They are young men who
will be productive to the society if justice is tempered with
mercy. By section 195 of the Sokoto state penal code law,
this court can give fine in lieu of imprisonment, we
therefore urge this court to give convict option of fine.
P.A. Chadi Esq: I have no objection to the allocutus made by the
defence counsel by which he urge the court to temper
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