This news item was carried in today's Guardian:
From Isa Abbdulsalami, Jos
"A High Court in Plateau State has sentenced a final-year student of the Department of Political Science, University of Jos (UINIJOS), to death by hanging for armed robbery.
In his ruling, the trial judge, Justice Husseini Othman of the High Court Five Jos, said the prosecution had proved beyond reasonable doubt that the accused, Evarestus Mozie (28), robbed his victim Emeka Okonkwo and his wife, Chukwudu Uzoh, of N15,000 and two handsets in a layout in Jos.
The convict was arraigned before the court on a three-count charge of agreeing to commit illegal act of robbery punishable under Section 1 (2) (b) of Robbery and Fire Arms' Act Special Provisions Cap 398 Law of the Federation. But the accused had earlier pleaded not guilty to the charge.
Justice Othman posited that as every allegation depends on the prepondoarance of proofs by the submission of the prosecution and the evidence of witnesses, which had not been controverted, they had proved their case against the accused beyond reasonable doubts.
Counsel to the accused, Maxwell Chukwuduma, prayed the court to give lenient punishment as the accused was a final-year student of the university while the prosecutor, Olivia Daziam, an assistant director in Ministry of Justice, Plateau State, informed the court that the accused is a first offender who has no previous criminal records."
NOW, THIS STORY DOES NOT STATE WHETHER THESE VICTIMS OF THE ROBBERY WERE KILLED OR WHATEVER.
MY WONDER IS WHY WERE THE FELLOW WAS ARRAIGNED UNDER THE SECTION WHICH PRESCRIBES DEATH EVEN AS OTHER SECTIONS HAVE OTHER PUNISHMENTS INCLUDING JAIL TERMS?
SEE WHAT THE ACT STATES IN PARTS:
1. (1) Any person who commits the offence of robbery shall upon trial and
conviction under this Act, be sentenced to imprisonment for not less than twenty-one
years.
(2) If
(a) any offender mentioned in subsection ( 1 ) of this section is armed with
any firearms or any offensive weapon or is in company with any person so armed; or
(b) at or immediately before or immediately after the time of the robbery the
said offender wounds or uses any personal violence to any person,
the offender shall be liable upon conviction under this Act to be sentenced to death.
2.  (1) Any person who, with intent to steal anything, assaults any other person
and at or immediately after the time of assault, uses or threatens to use actual violence to
any other person or any property in order to obtain the thing intended to be stolen shall
upon conviction under this Act be sentenced to imprisonment for not less than fourteen
years but not more than twenty years.
(2) If -
(a) any offender mentioned in subsection (1) of this section is armed with any firearms or
any offensive weapon or is in company with any other person so armed; or
(b) at or immediately before or immediately after the time of the assault the said offender
wounds or uses any other personal violence to any person, the offender shall upon
conviction under this Act be sentenced to imprisonment for life.