SENTENCING PATTERNS OF NIGERIAN LOWER COURTS
SENTENCING PATTERNS OF NIGERIAN LOWER COURTS
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Date
1980-01
Authors
OWOMERO, BASIL OTHUKE
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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
Description
Thesis submitted to Department of Sociology,
Ahmadu Bello University, Zaria, as partial
fulfilment for the award of M.Sc. (Social
Sciences) degree.
Keywords
SENTENCING, PATTERNS, NIGERIAN, LOWER, COURTS