JOSEPH AMOSHIMA V THE STATE

SUBJECT-MATTER

CRIMINAL LAW

APPEAL – ISSUES FORMULATED IN AN EARLIER APPEAL – HOW TREATED.

CONSTITUTIONAL LAW – SECTION 4 OF THE 1999 CONSTITUTION – DUTY OF THE LEGISLATURE.

FUNDAMENTAL HUMAN RIGHT – RIGHT TO LIFE- QUALIFIED, NOT ABSOLUTE.

INTERPRETATION OF STATUTE – USE OF THE WORD ‘SHALL’ IN AN ENACTMENT.

JURISPRUDENCE – CONSTITUTIONALTY OF THE DEATH SENTENCE IN NIGERIA.

PRACTICE AND PROCEDURE – MAXIMUM AND MANDATORY SENTENCES- WHEN CAN THE COURT EXERCISE DISCRETION.

WORDS AND PHRASES – ‘GOVERNMENT’ – MEANING OF.

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 Walter Samuel Nkanu Onnoghen. J.S.C.

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