JUDGMENT (verdict) is defined as “ a courts final determination of the rights and obligations of the parties in a case” see black’s laws Dictionary 7^th

 

Preliminaries ….

Judgment marks the end of a trial before a competent court.

 Judgment in criminal matters in Nigeria is regulated by s.245 of CPL; s.268 (1), 269 CPCL; 275 ACJL; 308 ACJA & 294 of 1999 const.

At the close of evidence by the parties and final address, court proceeds to judgment

The writing and delivery of judgement/ sentencing by a competent court on all issues raised by the parties signifies the end of criminal trial.

Final addressees doesn’t constitute evidence, so as soon as the case is concluded the court may write his judgment before final written addresses.

 

Oral judgment and the law

• by s 245 CPL a magistrate may deliver an oral judgement
• b s 308(2) ACJA a magistrate may deliver an oral judgement
• see UNAKALAMBA V COMMISSIONER OF POLICE (1958) 3 FSC 7
• Note the conditions precedents

The law says that the substance of the decision and reasons is recorded because an appeal is based on decisions and reason – grounds of appeal cannot be formed on an oral decision of the court. When appealing you must attach record of proceedings. It is not proper for a magistrate to deliver a wholly oral judgement, so it is wrong to say a magistrate can deliver oraljudgment and it contravenes s 294 of the constitution. In Lagosthe ACJL via s275 prohibits oral judgement. This provision (oral judgment) is only available in the south and FCT, Lagos is an exception to the south. In the north oral judgement is prohibited s. 268(1) CPCL.

 

Conflict of laws on oral judgment

Note that there is no conflict between ss.245 CPCL; s 308(2) ACJA and s.294(1) 1999 const.This was held in OKORUWA V STATE (1975), that provided the magistrate records the decision briefly and the reasons that its compliant with s294 of the constitution.

 

Place of delivery of judgement

Judgement is to be delivered in open court. S36(4) const; s.203 CPL & S 200 ACJL

Substance of judgment to be explained to the accused in the language he understands – s …constitution

 

Presence of accused and delivery of judgement

 Judgement to be delivered when the accused person is present on court s.352 (5) ACJA; 281 ACJL; S.251 CPL; S. 262 CPCL

If accused is not in court when judgment is delivered, the entire proceedings will be a nullity. See AUDU V STATE (2016); MOHAMMED V STATE (2015)

 

There are 5 contents of a valid judgement

1. It must be in writing
2. Judgment must contain points for determination
3. Must contain the decision
4. Must contain the reason(s) for the court decision
5. Must be dated, signed or sealed by the judge or magistrate

 

Judgment must be writing

No court is allowed by law in Nigeria to deliver an oral judgment. s 245 CPCL; 268 (1) CPCPL ; 275 ACJL

See also Queen v Fadina, Osayande v state, Okoruwa v State

Oral judgement delivered in open court and later reduced into writing in judge’s chamber is still considered oral judgment- State .v Lopez. This is because at the point of delivery of the judgment the court has become functus officio

Judgement read from note made by the judge during the course of the trial is an oral judgement – queen v Fadina

Judgement read from notes made by the judge’s son/daughter is an oral judgment –Ajayi v state (1978)

 

Judgement dictated in court by the judge to a stenographer/typist remains an oral judgement –Okoruwa v state

 

Propriety of writing judgment before final address

Judge may write his judgement at the close of evidence but before final address. See R v Cobolah 10 WACA 283

Final address is just an argument of the bar, it doesn’t constitute evidence, and court cannot rely on it and the court may immediately at the close of evidence write the judgment but the judgement will not be delivered before final addresses have been taken. And once the final addresses have been called and before judgment has been delivered the judge may rely on the final addresses to amend the judgement before it is delivered even though it has been written.

Judge must not deliver 

 

Delivery of judgement by another judge

A written and signed judgement by a judge may be delivered by another, if the trial judge is ill or unavoidably absent.

 See ss.251 CPL; 262 CPCL; 281 ACJL; 315 ACJA

See AGF V ANPP (2003) 18 NWLR (PT. 851); IYELA V COP (1969)

 

JUDGMENT MUST CONTAIN POINT(S) FOR DETERMINATION

The judgment must indicate whether or not the accused committed the offence charged or a lesser offence which he was not charged but in appropriate cases may be convicted.

 

Points for determination

• Regard must be had to the substantive criminal law to identify the ingredients of the offence
• Regard must be had to the evidence adduced
• These are the basis for the determination of guilt/ innocence of the accused. Tanko v State (2009)

 

Determination of the court on the points for determination

• Court must make specific findings on each point identified
• Decision of the court on each point will lead to the finding of guilt or innocent
• The judge must analyse or review the evidence before him to establish if there is proof beyond reasonable doubt. See Onafowokan v State (1987) 3 NWLR (PT.61); WILLIE JOHN V THE STATE

 

 The reason(s) for the court decision

• The trial court must carefully evaluate the evidence of the prosecution and defence
• Where the trial court prefers a version of the evidence to the other, the reason must be stated, see state v Ajie (2000)
• Reason for the decision is not court sensitive. Nigerian army v Aminum Kano (2010); Bakoshi v chief of naval staff (2004). Applies to both court martial and regular court
• Failure to give reasons for the decision will lead to quashing the decision on appeal NWAEFULU V STATE (1981); ADAMU V STATE

The reason must be a legal reason, they must give reason based on evidence and provision of the law

 

 In the north sealing may be an alternative to signature in the north. An undated and unsigned judgment is worthless. This is important because of time within which to appeal. This is why we must make reference to date that is at the foot of the judgment and this is when time starts to run whether an appellant is within time to appeal – HARUNBA V UNIVERSITY OF AGIRCULTURE MAKURDI; Bakoshi v chief of naval staff (2004) – even where the judgement is delivered by the court martial it must be dated and signed

The relevant date is the date the judgment is delivered, not the date the judgment was written by the judge. So if another judge other than the one who wrote the judgement is to deliver it , then the other judge will date and sign it when the judgment is delivered and that is when time will start to run.

 

Effect Of failure to comply with ss 245 CPL; 275 ACJL; 269 CPCL; 308 ACJA

Generally non-compliance will render the judgement a nullity however it will depend on the particular non-compliance.

See Bakoshi v chief of naval staff (2004); Aigbe&anor v the state (2009); WILLIE JOHN V THE STATE;UNAKALAMBA V COMMISSIONER OF POLICE (1958);ONAFOWOKAN V STATE

 

Time limit to deliver judgement s. 294(1) 1999 const.

To be delivered within 90 days after conclusion of final addresses by counsel. Where there are no final addresses, time starts to run at conclusion of the case for defence and the court adjourns for judgment.

Compliance with provision of s 294(1) is mandatory. See Shehu v State (1982)

There is no exception to this rule.

 

Arrest of court judgement

The judgement of the court cannot be arrested.

See NEWSWATCH COMMUNICATIONS LTD V ATTAH (2006) 12 NWLR (Pt.993) 144.

Are there exceptions?

 

Effect of failure to deliver judgment within 90 days

Previously rendered the judgment void under the 1979 const.

Under the 1999 const. Pursuant s. 294(5) failure does not render the judgment void but voidable.

 It shall be a nullity only if appellant shows that he has suffered miscarriage of justice by reason of the delay. See Ogbu v state (2003);Aposi v The State (1971). Onus is therefore on the appellant 

 

Re-adoption of final written address

 Does it elongate or re-open the 90 days under the s294(1) of the constitution?

 See Idowu v SegunKoya investment ltd (2017) – this sets out ;Oluwasanya v UBA (2017);

Awoyale v Ogunbiyi (1985); Sodipo v Leminkainen (1985)

Read the cases

Re-adoption of addresses after the expiration of 90 days period is not allowed or encouraged.

Re-adoption of written addresses is only allowed within the 90 days if such adoption is meant to add further to the written addresses

Calling back parties to re adopt their final written address is allowed within the time frame of the 90 days period if such further re-adoption is to clarify the court on certain issues or add certain…

 

 

 

 

Conviction

A finding and /or pronouncement by the court of “guilty” on the accused is conviction. See AGABI V OGBE (2003)

It does not matter that the accused was not given a custodial sentence. YALEKHUE V OMOREGBE (1991)

The courts judgement must convict the accused before he is sentenced. See R v Ekpo.

Conviction must come before the sentence

 

Effect of failure to record conviction before sentence

 Depends on the circumstances of the case

 If the finding of guilt can be gleaned from the records, court will see it as an irregularity that can be remedied by appellate court. Onyejekwe v the state( 1992); R v Ekpo (1947)

If it is not discernible from the records, failure to enter a conviction may invalidate the judgement and lead to an order of re-trial. Adamu v state  (1986)

 

 

Preliminaries on conviction

• The Court must deliver a verdict on each count where defendant / accused is charged for more than a count
• Court must deliver a verdict in respect of each count for each of the accused where more than one accused is charged. See Oyediran&ors v The Republic (1967)

 

ALLOCUTUS – SS247 CPL; 277 ACJL; 197(1) CPCL & 310 (1), 311(3) ACJA

An unsworn statement from a convicted person to the judge in which he pleads for mercy, explains his conduct, apologise for the crime or says anything else in an effort to lessen the impending sentence. Black’s law Dictionary, 7^thedn. Page 75

• It is made after conviction or plea of guilty before sentence.
• The registrar or the judge will inform the convicted person of his right to make an allocutus.
• It is a plea in mitigation, therefore it does not absolve the convicted person of all punishment. Ogbeide v COP (1964)
• Allocutus is ineffective where the law relating to an offence provides a mandatory punishment or minimum punishment
• No amount of allocutus will mitigate a capital punishment. State v John (2013)
• After the convicted person makes his allocutus, the court proceeds to sentence.
• Calling for an allocutus by the judge instead of registrar does not vitiate the sentence. S 247 CPL; 277 ACJL
• Under the CPL, accused if convicted may elect to call a witness to character. S 197 (1) CPCL
• If above, the prosecution shall produce evidence of his previous conviction before sentence. s197(2) CPCL
• Statements made by a convicted person in allocutus is not subject to cross-examination.
• Failure to call on the convicted person to make an allocutus does not affect the validity of the sentence. S. 247 CPL; s277 ACJL

 

The power of the trial court to take other offence into consideration

This is regulated by s. 249(1) CPL; s 258 (1) CPCL; 279 (1) ACJL; S 313 ACJA

The court may take cognisance of other offences pending against the convicted person before passing sentence.

Condition precedent

• Must have been found guilty of the present offence;
• Defendant admission of guilt of those other offences;
• Agreed that the other charges be taken into consideration in passing sentence on him
• The prosecutor of the other charge/AG (north) must also consent
• The offence must have been charged
• The court must have jurisdiction to try the other offence

 

Caveats on taking other offences into consideration

• The court must not pass a greater sentence which exceeds its jurisdiction
• The maximum sentence to be imposed on the accused shall not exceed that for the offence which he has been convicted

 

 AUTRO FOIS CONVICT

• Where a sentence is passed on the accused after considering other offences, he cannot again be tried for those other offences unless the conviction is set aside. Ss. 279(2) ACJL; 249 (2) CPL; S. 313 (3) ACJA. However he may be tried for those offences again if the conviction at that court was set aside on appeal - S. 313 (3) ACJA. The essence of this is just to de-congest the court.

 

 Conviction for an offence not expressly charged

• Accused can only be tried and convicted for an offence whichhe has pleaded and expressly charged. See SS 215 CPL and 36(6)(a) 1999 const.
• Statutes have provided exceptions: Ss. 169, 173-179 CPL; 217-218 CPCL; 166 -171 ACJL; 223 ACJA
• The court can convict for a lesser offence not charged provided it is supported by evidence where accused is charged with offence consisting of several particulars.
• Ingredients must be embedded in proof of main offence. BABALOLA V STATE (1989); KADA V STATE (1991)
• An accused charged with a grave offence is deemed to have notice of the lesser offence Nwachukwu v State (1986); Uguru v State (2002)
• An accused charged with manslaughter cannot be convicted for murder. see especially s.288 (1) ACJA
• The offence convicted must carry a lesser punishment
• See
• An accused convicted of attempt to commit a substantive offence cannot be prosecuted again
• Prosecution may at the close of evidence but before judgement apply to amend the charge to include …s. 162 CPL; 155(1) ACJL
• Note the mandatory procedure the court must follow in s. 156 ACJL & 164 CPL

 

RADICAL CHANGE ON CONVICTION FOR AN OFFENCE NOT CHARGED

• UGBOJI V STATE (2017) LPELR – 43427 (SC) read the case
• Nullified section 216 &217 of CPCL for being contrary to s 36(6)(a) const. pursuant to s. 1(1) & (3) const.
• See equivalent provision in s.223 ACJA; S 166 ACJL

 

AMENDMENT OF JUDGEMENT

Judgement can be amended after delivery

Once a judge pronounces judgment he become functusofficio. UNAK

However he may amend judgement on certain circumstances

• To correct clerical error
• To correct error from accidental slip
• To make intention of the court clear
• In the case of execution of sentence of canning based on medical evidence S 309 CPCL
• On conviction for contempt in facie curie. s317 CPCL

 

Mode of delivery of judgement

• Composition of trial court to remain from commencement to judgment
• If composition is altered, case to start de novo. Iyela v COP (1969) N.M.L.R 130
• If case starts de novo, evidence in the previous trial is abandoned. Uguru v state

Exception – s 315 ACJA; 251 CPL; 262 CPCL; 281 ACJL 

 

Elevation of judge under ACJA

• See s.396(7) ACJA – A high court judge who has been elevated to the court of appeal may continue to sit as a high court judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time. Provided it does not stop him from assuming duty as a justice of the court of appeal.
• See also s.494 ACJA - part heard criminal matter means a trial in which the prosecution has closed his case.

 

Judgement at court of appeal and Supreme Court

• See s. 294(2) 1999 const.
• Every justice who heard the case must express and deliver his opinion in writing
• Alternatively he may state that he adopts the opinion of any other justice who delivers a written opinion
• All justices who sat on the case need not be present when the judgment is to be delivered
• One justice of the court suffices whether or not he was among the panel
• Note – that if he ceases to be a justice of the court before the date fixed for judgement, his opinion cannot be read/ delivered but pronounced. See SHITTA- BEY V AGF (1998); AJIBOYE V ISHOLA (2006); A.G IMO V A.G. RIVERS

 

SENTENCE

DEFINTION

Sentence is defined as “ the punishment imposed according to law on a criminal wrong doer after his conviction”. See black’s law dictionary 7^thEdn. Page 1367

See also YALEKHUE V OMOREGBE (1991) 3 NWLR (Pt. 177) 94

The term sentencing refers to the post-conviction stage of the criminal justice process in which the defendant is brought before the court for the imposition of a penalty or punishment for the crime committed.

 

SENTENCING

It is probably the most important aspect of a criminal trial. The reason is that criminal justice cannot truly be said to have been served where the eventual sentence or punishment imposed after a rigorous trial and conviction of a defendant is considered as not appropriate.

 

Sentencing philosophy (concept of retributive justice)

1. The traditional approach to sentencing in criminal justice administration supports the idea of retaliation or punishment of offenders.

Through imprisonment and ensuring that there is a price to pay for crime committed. This served as form of deterrence to potential offenders. This approach for a while was quite effective by ensuring public protection through the removal of criminals from civil society

Challenges associated with the approach

1. Unwitting creation of career criminals
2. The deterrent effect of this approach has become questionable

• High cost incurred by the government in the maintenance of prisons.

1. Overcrowding of prisons and inadequate facilities for the rehabilitation of criminals

Proposed solution and restorative approach

 The attempt to address these challenges of the custodial system of criminal justice has given rise to a new approach –

The restorative justice approach

SENTENCING PHILOSPHY (concept of restorative justice)

 By this approach, the offender is made to compensate the victim and make repairs for the damages caused thereby giving the victim a greater sense of justice.

 Opportunity for the offender to apologize, appreciate the damages caused or repair it with their own labour (through community service)

• It seeks to remedy the adverse effects of crime in a manner that addresses the needs ofall parties involved
• It enhances rehabilitation of the offender, reparations to the victims and the community
• It infuses a sense of responsibility on the offender

 

Preliminary points

• The courts sentence must be pronounced in open court
• Thesentence of the court must be the one prescribed for the offence in the law creating it. Ekpo v State (1982)
• The court is not bound to impose the maximum sentence on the accused except is a mandatory punishment. See Olanipekun v state ( 1979).
• Any appeal against such sentence must fail – Egunjobi v FRN (2002)
• Where it is not mandatory punishment the court may impose a punishment below the maximum. S.17 Interpretation Act.
• No discretion to go below the minimum penalty.Dada v Board of Custom Excise

 

Points on sentence

• The sentence of court must accord with that created in the statute. Ekpo v State
• Where penalty is a term of imprisonment and the law provides a minimum period of punishment without an option of fine, court lacks power to impose option of fine in lieu of punishment
• Where the law provides penalty and is silent on the option of fine, the court can exercise discretion to impose fine S 23 (1) CPCL; 382(1) CPL; 316 (1) ACJLA
• Sentence takes effect upon pronouncement
• May be postponed to start on a particular date
• The sentence may also take effect retrospectively
• The court after conviction may retire to consider sentence or adjourn for sentence - s 278 (1) ACJL; S.198 CPCL; 248 CPL; S 416 (2)(g)ACJA.
• See s 381 CPL
• Under the CPL & ACJL a convicted person may be discharged upon self recognizance with or without sureties to appear and receive sentence in a future date – s 250 CPL; s. 280 ACJL

 

Limit of discretion to impose lesser punishment

1. Mandatory sentence - Egunjobi v FRN
2. Minimumpenalty- Afolabi v State

 

Suspended sentence & ACJA

Suspended sentence is alien to our criminal justice system – State v Audu (1972); EKPO V STATE (1982) 1 NCR 34;

But see S.460 ACJA

 

A court that pronounces more than one sentence in a trial may direct the sentence to run concurrently or consecutively – s 314 ACJL; 418 ACJA; 380 CPL; 24 CPCL

Where the court is silent, the sentence will run consecutively. See s. 24 & 312 CPCL

See s. 416(2)(i) ACJA

 

ACJA and sentencing objective s: s 401 (2)

• Prevention
• Restraint
• Rehabilitation
• Deterrence
• Education of the public

 

ACJA 2015 and ACJL 2011 approach to sentencing

• The ACJA 2015 appears to recognize both concepts of retributive and restorative justice.
• Consequently s 401(2) ACJA &pt 20-25 ACJL 2011 & 397 (2) ACJL 2011 clearly captures the following main objectives of sentencing –

 

ACJA and sentencing objectives

Note s 311(2) ACJA enjoins the court in pronouncing a sentence to consider the interests of the victim, the convict and the community.

To consider the appropriateness of non-custodial sentence or treatment in lieu of imprisonment

Note the factors the court will consider in s. 416(2) ACJA and introduction of sentence hearing.

See s 416(2)(d) ACJA.

Section 310 and 311 (1) & (3) , 416 (2) (g) ACJA provides the procedure for sentencing.

 

Types of sentence

Death sentence

• Capital offences attract death penalty
• The SC has held that death sentence is legal in Nigeria – Kalu v State (1998)

 

Mode of execution of death sentence

Armed robbery is via firing squad – s.1(2) (a) &(b) of robbery & fire Arms (special provisions) Act 1984

Execution of sentence of death is by hanging – ss. 367 CPL; 273 CPCL; 301 ACJL & 402 ACJA

 

Persons exempted from being sentence to death:

Pregnant women – the relevant status of the woman is her status at the time of conviction not commission of the offence.

If she is found guilty of a capital offence, she shall be sentenced to life imprisonment – S 368(2) CPL; S. 302 (2) ACJL; Ss. 270 & 271 & 300 CPCL.

See ss. 404 & 415 (4) ACJA – She shall be sentenced to death. Execution to be stayed until baby is delivered and weaned

• Compare 404 & 415 (4) ACJA with s.221 (2) Child’s Right Act - says that you cannot sentence a pregnant woman or a nursing mother to death. The court should consider a non-custodial sentence , there should be special mother centre and they should not stay there for more than 6 years s. 221(5) CRA
• Pregnant or nursing mother shall not be sentenced to death. s 221 (2) CRA

 

Information of pregnancy

The woman is entitled to inform the court of the pregnancy before sentencing. Ss. 376(1) CPL; 311 (1) ACJL; 271(1) CPCL; 415(1)ACJA

A convicted and sentenced woman convict who becomes pregnant before execution shall have her sentence changed to life imprisonment. s 376 (5) Cp

 

Proof of pregnancy – by medical evidence

Appeal as to whether or not woman convict is pregnant lies to the SC under s 376(4) CPL, 271 (4) CPCL. But see s311(4) ACJL – which says an appeal will go to the court of appeal .

Also see 233(1) 1999 const.  

 

A young person is also an exception to death sentence. If a young person commits a capital offence he shall not be sentenced to death. The young person would be detained at the pleasure of the president/governor  - s.363 (3) CPL; s.272 CPCL; 302(3) ACJL; Guabadia v The State (2004).

He may discharge during such pleasure by the president/governor on licence – s.401 (1)92) CPL; s. 330(1)(2) ACJL; s. 303(1)(2) CPCL

No sentence of death pronounced. But shall be sentenced to life imprisonment or to such other terms See s. 405 & 401 ACJA.

 

Form of pronouncing the death sentence

S367(2) CPL; s. 301 (2) ACJL

“ The sentence of the court upon you is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul”

 

FORMAT OF ACJA S. 402(2)

“The sentence of the court upon you is that you be hanged by the neck until you are dead or by lethal injection”.

Effect of failure to comply with the format

• Failure to comply with the format of pronouncing a death sentence is not fatal to the trial
• It is regarded as a clerical error rectifiable by the trial judge or the appeal court
• Find authorities

 

Death sentence & prerogative of mercy -  s 175 & 212 of the 1999 Const.

 

Execution of sentence

• Sentence of death shall not be carried out unless confirmed by the president or the Governor
• Appeal against death sentence acts as a stay. See the notorious case of Bello v A.G. Oyo State (1986)

 

IMPRISONMENT

This is known as custodial sentence. The convict is to be remanded in …..

Where no specific order is made it will be deemed to be with hard labour .s 377 CPL; s. 312 ACJL

Note the power of the high court (s.272 of the 1999 Const.) and Magistrate court to impose punishment in the south and north But see s. 257 CPCL .

Magistrate court in the south cannot exceed 4 years of the limit of its power to impose punishment. S 380 CPL

For Lagos it must not exceed 14 years .s 314 ACJL and s. 29 (5) Magistrate court law 2009 Lagos

M.C in the north the aggregate shall not exceed twice the limit of its power s. 24(2) CPCL

See Emone v Police; FASUSIV IGP; QUARTEY V IGP

 

A term of imprisonment comes into effect immediately pronounced or not later than 3 months ,s 393(3) & 381 CPL

In Lagos period of detention must be included .ss 315 ACJL; 419 & 431 ACJA

 

SENTENCE OF FINE – ss. 389 CPL; 318 ACJL; 427 ACJA  74 PC

• It is pecuniary punishment
• Entails the payment of money as punishment
• It may be in addition to imprisonment or independent

 

DEFAULT IN PAYMENT OF FINE LIABLE FOR IMPRISONMENT

 Where a convict defaults in the payment of fine as punishment…. – 390(3) CPL; 319(3) ACJL; 523 (3) CPCL; 428 ACJA

 

The amount of fine payable if not stated in the law is at the court discretion – s. 390 (2) CPA; 319(2) ACJL & S.74 P.C

 

Court must have regard to the means of the convict - S391 CPA; 320 ACJL & 427 (1) ACJA

Convict may appeal on grounds of excessive fine imposed on him – GOKE V COP (1957)

The proceeds of the fine is payable to the victim/informant to offset expenses, payment of any court fees…. – s 391 CPL; 320 ACJL

 

CANING – s387 CPL; S.308 CPCL; 77 PC

There is no sentence of canning in Lagos state

Under the CPL sentence of canning in certain cases may be in addition to other punishment. s. 387 CPL; s 77 PC

 

The number of strokes must be specified in the sentence and it must not exceed 12 strokes – s.386 (1)(2) CPA; s. 308 (5) CPC & 77 PC

 

Exemptions from caning

• A female offender s.385 CPL; s. 308 (4)(a) CPCL
• A convict sentenced to death S. 308 (4)(b)CPCL
• Male offender of 45 years and above – s. 385 CPL & s. 308 (4)(c) CPCL

Note that the convict must be medically fit – s. 309 (1)(2) CPCL

 

Points on sentence of canning

 Note that in the southeast sentence of canning is only retained as punishment for juvenile offender – criminal procedure laws of eastern region 1962

 Execution of sentence of canning shall not be by instalment – s. 308(3) CPCL

Appeal against sentence of canning is 15 days – 281 (1) CPCL

 

HADDI LASHING

Itonly applies to practitioners of the Muslim faith in the north – s 307 (2) CPCL

Essence is to inflict disgrace on the offender rather than pain – s . 4 criminal procedure (haddi lashing) order in council 1960

 It is an additional penalty to that already imposed. s 68(2) PC

It is not** available in the following cases: morality, adultery of a man s.387 PC, adultery by a woman s.388 PC, drunkenness 401,402,403 PC

 

Procedure for execution

• To be carried out in an enclosed place accessible to public
• Done with a soft tingle thronged leather whip
• To be done by a person of moderate physique
• Must hold the whip with 3^rd , 4^th and 5^th

 

 Other forms of sentence

Probation -0 ss341 ACJL; 453- 458 ACJA

Probation is a pre- conviction order whereby a defendant is discharged or released from confinement on conditions and under court supervision.

If the probationer violates a condition of probation., the court may revoke the probation order and proceed to convict and sentence the probationer to imprisonment . The important of this is that a probationer is not an ex-convict

 Usually the conditions for probation are at the discretion of the court.

 

Advantages of probation

• Probation saves the offender the societal stigmatization of being labelled a convict
• It helps in the reintegration of the offender into society.
• However, the success of probation as an alternative sentence is dependent on the content and aim of the probation programme

 

When to make probation order - s454 ACJA

Where the offence against the defendant has been proved but it considers that it is expedient to release the defendant on probation having regard to the following considerations ---

• The character, antecedents, age , health or mental condition of the defendant;
• The trivial nature of the offence; and
• The extenuating circumstances under which the offence was committed
• By section 454 (2) (b) ACJA; S. 451(2)(b)ACJL, the probation period shall not exceed 3 years
• The condition for probation s.455 ACJA

 

PROBATION OFFICERS

Appointment: S 457(2) ACJA

He acts as a supervisor to the defendant, making sure the defendant abide by the probation order and the conditions of recognizance.

Duties: s. 457 (1) ACJA

 

Variation of terms and conditions of probation: section 458 ACJA;s.455 ACJL

Revocation of probation: Under S 459 ACJA; s. 456 ACJL

 

PAROLE – S 468 ACJA

Parole is a conditional release from incarceration (prison sentence) during which a prisoner promises to heed certain conditions and submits to the supervision o a parole officer (a supervisor)

Any violation of those conditions would result in the return of the person to prison.

A parole can only be ordered on the basis of a report by the comptroller – general of prisons to the court recommending the prisoner on the grounds that the prisoner is of good behaviour.

Must serve at least one-third of his prison term of at least 15 years or life imprisonment. s 468 (1)(b) ACJA

The court may release the prisoner with or without condition.

 

SUSPENDED SENTENCE S. 460 (1) ACJA; S. 457 (1) ACJL 2017

 A suspended sentence involved the judge imposing a prison sentence but suspending it on certain conditions.

This means that the offender is not sent to prison if he/she does not break the conditions.

 

Elements of suspended sentence

1. Theterm of imprisonment (for example, 4 years)
2. The conditions on which it is suspended (for example, to keep the peace and be of good behaviour or to undergo certain treatment)
3. The period for which the sentence is suspended

 

If the offender breaks a condition during the period for which the sentence is suspended, he/she will have to serve the term of imprisonment originally imposed.

 

Non – applicability of suspended sentence

 S 460(3) ACJA; 457 (3) ACJL prohibits order for suspended sentence for an

1. Offence involving the use of arms or offensive weapon
2. Sexual offence; or
3. An offence which the punishment exceed 3 years imprisonment

 

COMMUNITY SERVICE ORDER

 See s. 461 ACJA; s 347 – 348 ACJL 2011.

 

FORFEITURE ORDER – S 290 ACJL; s 68(1)(b) PC.

 

PAYMENT OF DAMAGE FOR INJURY OR COMPENSATION – Ss. 285, 341(2) ACJL

 

DEPORTATION – s. 439 ACJA; S. 331 ACJL 2011

See 439 ACJA & S. 331 ACJL 2011 defines deportation as legal expulsion or removal from Nigeria of a person not being a citizen of Nigeria.

It is one of the alternatives to imprisonment provided for under the ACJA.

 

Other forms of sentence

• Confinement at a Rehabilitation & Correctional centre s.348 ACJL; S.68(1)(d) PC

 

REHABILITATION AND CORRECTIONAL CENTRE

According to s 467(1)(2)(3), a defendant convicted of an offence triable summarily, may be sentenced and ordered to serve the sentence at a rehabilitation and correctional centre established by the Federal Government in lieu of imprisonment.

 

Court shall consider the following….

1. The age of the convict
2. The fact that the convict is a first offender and
3. Any other relevant circumstance necessitating an order of confinement at a Rehabilitation and correctional centre.

Where the person standing trial is a child, the court may make an order remanding him at the Rehabilitation and Correctional Centre.

 

RESTORATIVE JUSTICE + RETRIBUTORY JUSTICE

It encourages the reintegration of the offender to the community rather than banishment.

It is also reconciliatory in nature.