M.K. Abdulkadir Esq: We appeal to this court to temper justice with
mercy in sentencing the convict. The convict has been in
custody since 2018. He is remorseful and considering his
age the defendant can be a useful member of the society.
The convict is married and has 2 children.
Umar Aliyu Esq: While we are not objecting to the allocutus, we urge
this court to consider the rampancy of the offence while
sentencing the convict.
SENTENCE
Court:
By the provisions of Section 310 (3) of the ACJL of Sokoto
State 2019, a trial court after conviction while sentencing 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 imposed upon
the convict.
I have considered the allocutus made by the defence
counsel on behalf of the convict as well as the response of
the prosecuting counsel. Cognizance must however be
taken of the provision of section 298 of the Penal Code Law
of Sokoto State Cap. 104 Laws of Sokoto State 1996 in
relation to the punishment provided for the offence of
robbery which prescribed life imprisonment with or without
fine in clear terms.
It is trite law that where a statute prescribes a mandatory sentence in
clear terms, a trial court has no discretion to do otherwise except the
law provides otherwise. Because it is a duty imposed by law and the
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