imprisoned by virtue of a warrant of commitment there shall be endorsed on such warrant the day of
which such person was arrested by virtue thereof and the imprisonment shall be computed from such
day and inclusive thereof.
The above provision is clear and unambiguous. The section deals with endorsement of a warrant of
commitment to prison and computation of a term of imprisonment. It does not stipulate that a term of
sentence cannot commence from the date the Courts verdict is pronounced. In any case, since the
appellant was sentenced to imprisonment for life, the issue of computation of term or time of
imprisonment does not arise in this case. When a convict is sentenced to imprisonment for life, it means
that, irrespective of the age of such a convict at the time of his conviction and/or sentence, he will be
confined in a prison for the remainder or rest of his life.
On the other hand, Section 218 of the Criminal Code Law, Cap. C21, Laws of Delta State, 2006 provides
thus:
218. Any person who has unlawful carnal knowledge of a girl under the age of eleven years is guilty of a
felony, and is liable to imprisonment for life.
30
Under Section 218 of the Criminal Code law of Delta State, it is mandatory that a person found guilty of
the offence of unlawful carnal knowledge be sentenced to imprisonment for life. The Court has no
discretion to impose a lesser sentence. See Joseph Amoshima v. The State (2011) 14 NWLR (Pt. 1268)
530 at 553, per Onnoghen, JSC (as he then was, now CJN) where the Supreme Court stated as follows:
It is settled law also that where a statute prescribes a mandatory sentence in clear terms as in the
instant case, the Courts are without jurisdiction to impose anything less than the mandatory sentence as
no discretion exists to be exercised in the matter. It is a duty imposed by law.
In page 561 of the said case, His Lordship, Fabiyi, JSC, held as follows:
The appellants counsel should be reminded of the doctrine of separation of powers as enshrined in the
1999 Constitution. The legislature is to enact laws while it is the duty of the judiciary to interpret the
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