Issues with Suspended Sentence Under The Nigerian Administration Of Criminal Justice Act, 2015
Abstract:The Administration of Criminal Justice Act 2015 (ACJA) promulgated with a mindset to solving seemingly intractable problems (most especially delay) hitherto bedeviling the Nigerian criminal justice system is an impactful legislation in many ways, one of these being the introduction of new sentencing paradigms chiefly amongst which is the ‘suspended sentence’. Motivated by this new penological tool, this article examines the import of the sentence, how it is to be applied and the challenges that are likely to ensue. The paper adopts the doctrinal method of research to interrogate the topic. It was found that suspended sentence as provided in the ACJA does not contain sufficient details for implementation and consequently, leaves wide discretionary powers to the courts; that it contains no answers to as to what happens to convicts sentenced to the order who breaches the terms of release; that public consternation is likely to follow the implementation of the sentence. The article advocates the amendment of the ACJA to incorporate more details as done by the United Kingdom’s Criminal Justice Act, 2003; and the holding of sensitization and enlightenment advocacy to acclimatize the citizenry and the judiciary on how to apply the sanction.
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