Towards an Effective use of a Suspended Sentence in Nigeria: Lessons from South Africa

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.