CORAM
PARTIES
JOSEPH AMOSHINA APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant and others were convicted of the offence of conspiracy and armed robbery at the trial court; which was confirmed by the Court of Appeal.
HELD
Appeal dismissed
ISSUES
None.
RATIONES DECIDENDI
DEATH SENTENCE IS STILL APPLICABLE IN NIGERIA
“Whereas in very many jurisdictions the death sentence is frowned upon or even abolished, in Nigeria, it is firmly entrenched in our statutes” PER ONNOGHEN, JSC
PUNISHMENT FOR THE OFFENCE OF ROBBERY SIMPLICITA
“An accused person convicted of an offence of robbery simplicita is liable to a term of imprisonment for not less than twenty one years” PER ONNOGHEN, JSC
MEANING OF THE WORD “SHALL”
“The use of the word “shall” in an enactment, such as the instant one, is usually interpreted to mean a mandatory provision which must be obeyed as it is. The word is usually employed to denote or express a command or exhortation or what is legally regarded as mandatory” PER ONNOGHEN, JSC
DUTY OF THE LEGISLATURE TO ENACT LAWS
“It is the duty of the legislature to enact laws, that of the judiciary is to interprete the laws so made. It follows therefore that where there is a dissatisfaction with the state of the law as it exists, and a desire for a change thereof is expressed by the people, it is the duty of the legislature which made the law in the first place to effect the needed reforms by amendment thereto.” PER ONNOGHEN, JSC
MAXIMUM SENTENCE AND MANDATORY SENTENCE ARE IRRECONCILABLE
“The law recognises the existence of maximum and mandatory sentences in criminal law proceedings both of which mean different things and are irreconcilable.” PER ONNOGHEN, JSC
DUTY ON COURT TO IMPOSE MANDATORY SENTENCE IMPOSED BY STATUTE
“It is settled law also that where a statute prescribes a mandatory sentence in clear terms as in the instant case, the courts are without jurisdiction to impose anything less than the mandatory sentence as no discretion exists to be exercised in the matter. It is a duty imposed by law.” PER ONNOGHEN, JSC
DUTY OF THE COURT TO INTERPRETE AND APPLY THE LAW
“The duty of the court is to declare and apply the law as it is not to make or amend the law. If there is the need to amend the existing law, the duty to do so falls on the legislature which has so far not acted to the contrary.” PER ONNOGHEN, JSC
CASES CITED
Diokpa Onochie vs Odogwu (2006) All FWLR (pt. 317) 544TANKO VS THE STATE (2009) 1- 2S.C (pt. 1) 198
STATUTES REFERRED TO
Robbery and Firearms (Special Provisions) Act