Towards an Effective use of a Suspended Sentence in Nigeria: Lessons from South Africa
(1) B Sc(ed), (Adeyemi & OAU), LLB, (Ibadan), LLM (UWC), Faculty of Law, University of the Western Cape (UWC), South Africa.
Corresponding Author
Abstract
This article examines the legal framework on a suspended sentence, a new correctional measure introduced into the Nigerian penal system by the Administration of the Criminal Justice Act of 2015 (the ACJA). It establishes that a court can only suspend the execution of a sentence of imprisonment that is less than three years, provided the offender did not use arms or offensive weapons in the commission of the offence. Using a doctrinal methodology, this article examines the provisions of the ACJA on a suspended sentence. It also explores some weaknesses in the provisions of the ACJA on a suspended sentence, which could undermine its effectiveness. These inter alia include the fact that ACJA does not state how long a sentence could be suspended, nor does it state the conditions that a court may attach to an order suspending the execution of a sentence. This article also examines the legal framework for a suspended sentence in South Africa, drawing practical lessons for a suspended sentence implementation in Nigeria. In conclusion, it suggests measures that could be taken to address these weaknesses and make a suspended sentence a more effective correctional measure in Nigeria.
Keywords
conviction, imprisonment, offender, rehabilitation, recidivism, suspended sentence.
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