considered in deciding the nature of the sentence to be imposed on the convicts. Furthermore, from the wordings of sections 97, 298(c) and 248(2) of the penal code respectively under which the convicts were convicted, the trial court has been given some discretion to exercise as to the term of imprisonment to be imposed on the convicts. It is trite law that where the statute creating the offence gives discretion to the trial court to exercise in sentencing the convict as in this case, and it has become judicious and judicial to do so, then the trial court can pass a sentence less than the one provided by the law creating the offence after having regards to the circumstances and justice of the case. - Musa V. State {2012}3NWLR p 50 - Amoshina V. State {2011}14NWLR pt 1268 p 50 - Ogunbayo V. State {2007}8NWLR pt 1035 p 157 Considering the grounds upon which the plea of leniency is made on behalf of the convicts, it is the humble view of this court that this case is a case in which this court can temper justice with mercy. Accordingly the convicts (1) Abdulmuminu Yusuf (2) Iliyasu Hassan (3) Musa Abdulkarim are hereby sentenced to a fine of N100,000 each for the offence of criminal conspiracy punishable under section 97 of the penal code or 2 years imprisonment in default; N20,000 each for the offence of causing grievous hurt punishable under section 248(2) of the penal code or 3 years imprisonment in default; N150,000 each for the offence robbery punishable under section 298(c) of the penal code or 5 years imprisonment in default. The sentences are to run concurrently with effect from the date they were individually first remanded. Page 17 of 18