With regard to the submissions of the Counsel for the Accused, much as there is no evidence of record of previous criminal conviction against the Accused before the Court which makes him a first time offender for which he ought to attract a compassion of the Court, a reading of Section 1(1) of the Dishonoured Cheques (offences) Act Cap D11 LFN 2004 shows the provision has not allowed the Court exercise of discretion with regard to sentencing of an Accused person convicted under it. For clarity, I reproduce the provision of the Section. It provides thus: “1(1). Any person who – (a). Obtains or induces the delivery of anything capable of being stolen either to himself or to any other person; or (b). Obtains credit for himself or any other person, by means of a cheque that, when presented for payment not later than three months after the date of the cheque, is dishonoured on the ground that no funds or insufficient funds were standing to the credit of the drawer of the cheque in the bank on which the cheque was drawn, shall be guilty of an offence and on conviction shall – (i). In the case of an individual be sentenced to imprisonment for two years without option of a fine; and (ii). In the case of a body corporate, be sentenced to a fine of not less than N5, 000.00. By the use of the word “shall” in the Section, it is evident that the law maker intends that the Court upon convicting a person under the Section is under a duty or mandatorily required to sentence him to imprisonment for two years without option of a fine. As it is the duty of the Court to apply the law as provided, the Court has not room for exercise of discretion in this matter so as to either give the Accused an option of fine or lesser term of imprisonment. In the circumstances the Accused person’s prayer is rejected, the Accused is sentenced to 2 years imprisonment without option of fine on each count with effect from today. The two years shall run concurrently. SIGNED HON. JUDGE 12/ 2/2015. LEGAL REPRESENTATIONS: 1. Mr. Lough for the Prosecution 2. Mrs. Nwachukwu for the Accused person. 15