Judicial Discretion and Sentencing Disparities in Nigeria: The Case of Benue State Judiciary

Abstract

In Nigeria, as in most developing countries of the world, the law provides judges with a wide range of discretionary powers. However, most judges tend to abuse or misuse their discretionary powers, as it is evident in sentencing disparities in Nigeria. This study therefore seeks to assess how discretionary powers of judicial officials in Nigeria have become illogical and unfair to offenders and the society. The objectives of the study were to examine the objective of sentencing, assess the nature of sentencing in Nigeria, assess the factors affecting sentencing and suggest measures to reduce sentencing disparities in Nigeria. Data were collected through the questionnaire and interview methods and presented in tables and percentages. Analyses were done through triangulation. Findings showed that punishment was the major aim of sentencing in Nigeria. It was also found that imprisonment and/or fines were the predominant nature of sentencing in Nigeria. It was also discovered that judge's personal opinion was the major factor in the determination of most sentences. The study recommends, among other things that a law should be made by the legislature to establish a sentencing commission that can provide sentencing guidelines to regulate the nature of sentencing. It was also recommended that legal representation should be allowed in all categories of courts to check the excesses of some of the judges. These, it is hoped, would reduce sentencing disparities in Nigeria.