Court:
Allocutus
A.D. Tambuwal Esq: On behalf of the convicts we are passionately
appealing to this court to temper justice with mercy in
sentencing the convicts, the allocutus is being made because
the convicts are first time offenders and by Section 415 (2) (d)
of the ACJL of Sokoto State 2019, a trial court is enjoined
that to impose maximum punishment on first time offender,
the convicts are young persons who appeared to be
remorseful and if they are given the opportunity they will
became better members of the society. We have most
conviction that their stay in prison since 28th October, 2020
has taught them some lessons which will compel them to
become deterred from further coming this type of offence or
any other offence in their future life. Criminal Conspiracy by
Section 60 has option of fine. We therefore urge this court the
convicts being first time offenders be given option of even to
the main offence even though not provided because by virtue
of Section 510 (1) of the ACJL of Sokoto State 2019 this court
has been empowered to give option of fine in lieu of
imprisonment as in the case of kidnapping. We therefore urge
this court to give the convict an option of fine in lieu of
imprisonment. The evidence of defence witnesses have
shown that the convicts are before this incident people good
character who were never associated with the commission of
any crimes.
In view of all the foregoing, we are passionately appealing to
this court to temper justice with mercy by given the convicts
an option of fine while sentencing the convicts.
Mr. Dingyadi Esq: The law is clear as to punishment of the offence. To
the best of our knowledge they are first time offenders. It is
also trite that before the incident, the convicts have no
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