SENTENCING PATTERNS OF NIGERIAN LOWER COURTS

SENTENCING PATTERNS OF NIGERIAN LOWER COURTS

Abstract:

The courts occupy a special position within the whole system of crime control and prevention. They determine who is guilty of a crime against the state, and what should be done to him. It is this function — the passing of a sentence — that is most significant in crime control and prevention. The sentence is the key instrument at the disposal of the court for the control and prevention of crime for those already convicted. This sentencing role of the court is carried out within the formal parameters of statutory law and influenced by informal considerations such as offender characteristics and attitude of the sentencer. The effective use of the sentence depends on the nature of the criminal laws and the general orientation and awareness of the administrators as to the effectiveness of alternative modes of disposition. This study examines the modes of dispositions generally employed by Nigerian lower courts — Magistrate, Area and Customary courts. It is the finding of this study that the major form of sentencing used by these courts is imprisonment or fine with alternative of imprisonment. Rarely do they use other forms of correctional sentences (vi) such as probation, conditional discharge, restitution and compensation. Presentence information — a major consideration for the passing of appropriate sentences — is apparently of little relevance to the judges. The judges themselves lack any discernible coherent orientation as to how different categories of offenders should be treated. The Area Court seem to be the most punitive of the three types of courts. Magistrates, perhaps, because of their greater concern for evidence discharge more often than the other courts. It is the conclusion of this study that for the courts to effectively use the sentencing power a number of improvements should be made in their operation: the criminal laws need to be reviewed to have a correctional or remedial rather than their present retributive orientation; presentence information on the convicted offender should be made mandatory on the judge; judges should be given some training in social and behavioural sciences; and other kinds of personnel (e.g. Clerical/ Stenographic, Probation/Social Workers, Statisticians) should be attached to these courts. (vii

SENTENCING PATTERNS OF NIGERIAN LOWER COURTS

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