response of the prosecuting counsel as a guide in deciding the nature and extent of the sentence to be passed against the convicts. From the wordings of Section 97 (1) and 284 of the Penal Code in respect of the offences of Criminal Conspiracy and Unnatural Offence respectively under which the convicts were convicted, it appears the trial court has been given same discretion to exercise in relation to the term of imprisonment. It is trite law that where a statute creating an offence gives a trial court a discretion to exercise in deciding the extent of sentence to be passed against the convict, then the trial court can pass a sentence less than the provided for the offence after having regard to factors that can mitigate the sentence. - Musa V. State (2012) 3 NWLR 50. - Amoshina V. State (2011) 14 NWLR pt 1268 p 50. - Nurude V. FRN (2016) 5 NWLR pt 1506 p 471. - Omokwajo V. FRN (2013) 9 NWLR 30. In consideration of all the foregoing and the provisions of Sections 415 (2) (d) and 510 (1) of the Sokoto State ACJL 2019, the sentence of this court upon you Fodiyo Bello and Bello Altine for the offences of Criminal Conspiracy and Unnatural Offence punishable under Sections 97 (1) and 284 of the Penal Code, is a fine of N30,000 and N70,000 each for the said offences of Criminal Conspiracy and Unnatural Offence respectively and in default of which you are to serve 2 years and 4 years term of imprisonment respectively. The sentence are to run concurrently with effect from today in respect of the 1st convict who has been on bail, and while in respect of the 2nd convict who has been in custody, from the date he was first remanded. Page 18 of 19