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Basing on a previous Supreme Court holding, court held that trial courts are required to deduct from the sentence they were to impose upon a convict after taking into account of aggravating and mitigating factors, the period the convict has spent in pre-trial custody. Failure to do so rendered the sentence illegal.
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That in this case no deduction was made and the sentence was held to be a nullity and Court of Appeal sentenced him a fresh to 9 years and 3 months of imprisonment on the basis that he was a young man of 20 years, remorseful and a first time offender.
