constitution have been viorated since they were sentenced
to a penarty
of thirty (30) years imprisonment when the said penalty
was heavier than
the penalty in force at the time they committed their offences.
They
further submit that the offence of armed robbery came into
existence via
the enactment of section 2g7A under Act No. 4 of 2004which
amended
the PenalCode
6'1.
The First Appricant and the seventh Applicant arso submit
that section
4(c) and s(a)(ii) of the Minimum sentences Act are invarid
tney
contravene Articre 64(5) of the constitution.T They thus
submit that the
penalty imposed on them is unconstitutionar for viorating
Articre 7(2) of
the Charter.
,,
62.The Respondent state submits that the appricabre sentence
for the
offence of armed robbery is a term of 30 (thirty) years as
stipurated under
section 5 of the Minimum sentences Act. The Respondent
state further
avers that the offence of armed robbery was in existence
before the
enactment of Section 2g7A of the penal Code.
63. The Respondent state further submits that sections
4(c) and 5(a) of the
Minimum Sentences Act are valid since they
do not in any way
contravene Articre 64(5) of the Respondent state,s constitution.
64.The court notes that notwithstanding the submissions
by the First
Applicant and the seventh Appricant, on the aileged vioration
of their right
to fair triar by reason of their sentence, in their Repry
the Appricants stated
7 Section
4(c) provides thus: "where any person is, after the date
on which this Act comes into operation,
convicted by a court of a scheduled offlnce, whether
such offence was committed before or after such
date, the court shall sentence such person to a term
of imprisonment *hm rr'"rr'not be less [ran1cj
where the offence is an offence specified in tne inirJ
schedule to tnis
nci, inirty y""r=.,, And section
s(a)(ii): 'Notwithstandinstheproviiionsof sectiona-1"f6i1itt";;,;;;"..'i"';;Jo*ip,,nydangerous
or offensive weapon or instrument or is in company *iin
one
,"i"Ei."i".'"", ,t or immediately
before or immediatery after the.time of robbery, he'wounds, "i
oeats, striles or'r.". "t other personar
violence to any person' he shall be sentenced io impiiionment
"ny thirty years
to a term of not less than
19
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