In a
unanimous decision delivered by Justice Jamilu Yammama Tukur, the court held
that the trial Magistrate Court lacked the discretion to have granted Ibinabo
an option of fine having been convicted.
She held that “when a term of
imprisonment is mandatory for an offence the court cannot and should not give
an option of fine.” She insisted that the fine did not serve the purpose of
justice in the case and subsequently ordered that the N100, 000 be returned to
the appellant.
Justice Oluwayemi of the trial court
had held that the magistrate exercised “judicial recklessness” when he gave the
convict an option of fine.
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