3
Sentence
I have carefully listened to the plea of mitigation of the accused
counsel that is the allocotus and the submission of prosecution
counsel. The final responsibility to be performed by every judge in a
criminal trial after conviction is sentencing. In passing sentence the
judge is bound to consider the interest of justice as rightly stated by
prosecution. But justice is a 3 way traffic i.e. justice for the accused
person, justice for the state, justice for the society. However I am not
unmindful of the fact that this is a summary trial opted by the
accused person, meaning, having known he committed the
offence, he choose not to waste the time of court, and the
resources of the state in prosecuting the matter to end. I have noted
that.
I have equally noted the pathetic situation of the widower and
particularly the child of the marriage who actually may suffer.
However on the other hand it is the duty of court to pass sentence
on the convict which could serve as a correction to him and
deterrence to others who are nursing the ambition of becoming rich
illegally. Having said that I will now pass a sentence on the convict
with hope that he will be reformed and join the vanguard for
rebranding the Nation. S. 132 of Penal Code Provides that the
convict can be punished with imprisonment for a term which may
extend to 3 years or with fine or with both.
In consequence therefore I hereby sentence the convict to 1 year
imprisonment or a fine of N50,000.00. The sentence of imprisonment
is effective from the date of his arrest. Appeal allowed to court of
Appeal.
Signed
____________________
Judge
Prosecution:
We are grateful.
Accused counsel:
We are grateful.
Appearance:
Osuobeni Ekoi Akponimisingha Esq.
With K.K. Anabraba Esq.
For the Prosecution