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 L,"(

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