I refer this Court to the case decided by this Court presided over
by Bello Abbas (as he then was) in the case of FRN V. Nasiru
Habib Shagari where after he was convicted, he was given an
option of fine with an offence that has no option of fine. Finally,
we urge this Court to invoke the provisions of Section 510 of the
ACJL of Sokoto State, 2019. We pray this Court to temper
Justice with mercy.
Mashkur Salisu PLO: In response to the Convicts Allocutus, to the best of
our knowledge, the Convicts are first time offenders with no
record of previous conviction. The amount said to have been
misappropriated, has been restituted into the ICPC recovery
account and the Commission has successfully paid all the
victims. From our records, the Convicts are married with
children and I believe the submission of the Convicts Counsel on
the fact that they have aged parents. Although the Section
providing the punishment with which the Convicts were
arraigned does not give an option of fine, we left everything to
the discretion of the Court.
SENTENCE
Court:
By the provision of Section 310(3) of the ACJL of Sokoto State,
2019, after conviction while sentencing, a trial Court is required
to take into consideration all aggravating and mitigating
evidence, or information as a guide in deciding the nature and
extent of the sentence to be passed on the Convict.
Again by the provision of Section 415(2)(d) of the ACJL of
Sokoto State, 2019, a trial Court shall not pass the maximum
sentence provided for the offence with which the Convict is
charged and convicted where the Convict is a first time offender.
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