Judgement and Sentencing

Question 1

what are the features of a valid judgement

Answer 1

1. It must be written before delivery
2. The points for determination
3. The decision of the court on points of determination
4. The reasons for the decision of the court
5. Contain the date and signature or seal of the judge or magistrate

Question 2

Are magistrates required to record their judgement in writing?

Answer 2

245 CPL & 308(2) ACJA allow a magistrate to deliver oral judgement

268 CPCL & 275 ACJL prohibit a magistrate from delivering oral judgement

Question 3

What is the effect of a judge delivering an oral judgement and subsequently reducing it into writing?

Answer 3

The judgement is held to be an oral judgement and therefore void, as the court becomes ‘functus officio’ once judgement is pronounced in open court
Unakalamba v COP

Question 4

What does it mean for a judgement to contain the points for determination?

Answer 4

The judgement must reflect basic questions whose answers constitute the ingredients of the offence charged

Question 5

What is the effect of the court’s failure to give reasons for its decision?

Answer 5

The decision will be quashed on appeal

John v State

Question 6

What is the effect of failure to date and sign a judgement

Answer 6

It is an invalid judgement

Haruna v University of Agriculture

Question 7

What is the time limit for delivery of judgement

Answer 7

The constitutional requirement is that judgement shall be delivered not later than 90 days after the conclusion of evidence and final addresses
S.294(1) CFRN

Question 8

When will a final judgement be set aside?

Answer 8

It can only be set aside if it can be shown to have occasioned a miscarriage of justice
S. 294 (5) CFRN

Question 9

Who delivers judgement in the High Court & Magistrate Court?

Answer 9

The judge or magistrate who heard the case from arraignment to sentencing

Question 10

Can the judge deliver judgement if he is elevated or removed?

Answer 10

If the judge is replaced, elevated or removed then they cease to have jurisdiction and cannot deliver a valid judgement

Question 11

How can another judge deliver the judgement of the previous judge in a case?

Answer 11

If the judgement has been written and signed it may be delivered by another judge or magistrate
S. 315 ACJA , S.281 ACJL, S251 CPL

Question 12

What is the exception for elevated High Court Judge’s under ACJA?

Answer 12

The ACJA provides that where a High court judge has been elevated to the Court of Appeal he may continue to sit in the High Court to conclude an ongoing trial within reasonable time

Question 13

In the court of appeal & Supreme Court do all the judges have to deliver individual judgements?

Answer 13

A Justice may adopt the judgement of his learned brother

Question 14

Do all the Justices have to be present when the judgement is delivered?

Answer 14

It is not mandatory for all justices who heard the appeal to be present when the judgement is delivered

Question 15

Can an accused be tried and convicted for an offence for which he was not charged

Answer 15

General rule is that the he can only be tried and convicted for an offence to which he has pleaded

However
he may be convicted of a lesser offence whose ingredients are subsumed in the greater offence ( S.236(1) ACJA)

Because
where an accused is charged for a greater offence, he is deemed to have notice of the lesser offence
Nwachukwu v State

Question 16

Can the court amend judgement after delivery?

Answer 16

The general rule is that, the court cannot do so, as a judge becomes functus officio once judgement is pronounced in open court
HOWEVER
In the following instances amendment may be valid;
1. To correct clerical errors
2. To correct errors arising from accidental slip in judgement
3. To make the court’s intention plain
4. Where evidence shows that the accused cannot take sentence of caning
5. To discharge offender who has purged himself of contempt in facie curiae

Question 17

What is allocutus?

Answer 17

It is a plea of mitigation or leniency which is granted to the accused after conviction but before sentencing.

Question 18

What is the effect of allocutus on a mandatory sentence?

Answer 18

It has no effect on mandatory sentences

State v John
However
the court may recommend to the advisory council for the grant of the prerogative of mercy

Question 19

What is the pre-requisite for the court to pass sentence?

Answer 19

It must return a verdict of guilty i.e. it must convict.
AND
If conviction can neither be seen expressly or impliedly from the judgement before sentencing, such sentence would be a nullity
Oyediran v Republic, Queen v Fadina

Question 20

How is sentence to be pronounced?

Answer 20

In court and in the presence of the accused
HOWEVER
Where the court omits to pronounce sentence, such omission is an irregularity and not capable of vitiating proceedings

Question 21

What does ACJA say regarding imposing maximum sentence on first time offenders?

Answer 21

A court shall not impose a maximum sentence on a first time offender
S.416(2)(d) ACJA

Question 22

How is the death sentence pronounced under ACJA

Answer 22

Under ACJA it is pronounced:
“ The sentence of the court upon you is that you be hanged by the neck until you are dead or by lethal injection” S.402(2) ACJA

Question 23

How is the death sentence pronounced under CPL

Answer 23

“The sentence of the court upon you is that you be hanged by the neck until you be dead, and may the Lord have mercy on your soul.”

S.367(2) CPL

Question 24

How is the death sentence pronounced under ACJL

Answer 24

” The sentence of the court upon you is that you be hanged by the neck until you be dead and may God have mercy on your soul.”

S.301(2)

Question 25

Can a pregnant woman be sentenced to death?

Answer 25

Under s.368(2) CPL she shall be sentenced to life imprisonment and not death
HOWEVER
Under S.404 ACJA the sentence shall be passed on her but it shall be suspended until the child is delivered and weaned

Question 26

Can a child or young person be sentenced to death?

Answer 26

Under s.368(3)CPL the court shall order such person to be detained during the pleasure of the governor
AND
Under s.405 ACJA the punishment is imprisonment for life or to any such term the court deems inappropriate ( the cut-off year under ACJA is 18 years)

Question 27

When does a sentence take effect?

Answer 27

It takes effect from the day it was pronounced.

However

Death sentence does not take effect upon its pronouncement as the accused has a right to appeal

Question 28

Where is the sentence of caning applicable?

Answer 28

In the southern (except Lagos) and Northern states

Question 29

What are the restrictions on caning?

Answer 29

1. Strokes of cane to be administered must not exceed 12 strokes.
2. Female offenders cannot be canned.
3. Men over the age of 45 years cannot be canned.
4. A convict who has been given the death sentence cannot be canned.

Question 30

What needs to be established before the convict is caned?

Answer 30

It must be established that the person is medically fit

Question 31

What is Haddi-Lashing?

Answer 31

A form of caning that applies to only persons who are moslem, and is only applicable in the northern states