P.A. Chadi Esq: To the best of my knowledge, the convict is a first time offender who I am not aware of his previous conviction. We however urge the court to give the convict the minimum punishment as provided in the Section. SENTENCE 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 passed on 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. I have also taken into consideration the provisions of Section 415 (2) (d) of the ACJL of Sokoto State 2019 which prohibit a trial court from passing the maximum sentence on a first offender as well as the wordings of Section 260 of the Sokoto State Penal Code Law, 2019 which punishes the offence and which also give this court the power to exercise some discretion in passing the sentence. It is trite law that where a statute creating an offence gives the trial court same judicial discretion in passing a sentence, then the trial court can pass a sentence less than the sentence provided for the offence. - Amoshima V. State (2011) 14 NWLR pt. 1268 p. 530. - Tanko V. State (2009) 4 NWLR pt. 1131 p. 430. Page 18 of 19