Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England

Badejogbin, Oluwatoyin Akinwande

Sentencing reforms in a postcolonial society: a call for the rationalisation of sentencing discretion in Nigeria, drawing on South Africa and England

Doctoral Thesis

2015

Publisher

University of Cape Town

Department

Institute of Criminology

Faculty

Faculty of Law

Abstract

This thesis investigates measures to ensure that sentencers introduce proportionality to sentencing and refrain from imposing penalties that infringe constitutional rights. The investigation involves two stages of analysis. First, the thesis examines the socio-historical context in which the practice of punishment evolved in England, South Africa and Nigeria in order to unveil how evolving concepts about punishment regulate or fail to regulate penal severity. Secondly, the thesis examined the normative basis of sentencing in South Africa and Nigeria, both of which are constitutional democracies and former English colonies. The analysis leads to two critical findings. First, Nigeria lacks the rich tapestry of constitutional jurisprudence that South African Courts have developed around punishment. Secondly, neither South Africa nor Nigeria has a structured system for rationalising sentencing discretion, with the result that sentencing can lead to widely disparate and disproportionate outcomes in both countries. The thesis thus proposes that Nigeria adopts constitutional provisions that restrain penal severity, and that it harmonise its pluralistic penal system, scrutinise statutory penalties in the light of constitutional norms, and, drawing on practices in England, develop guidelines that enhance proportionality and parsimony in sentencing.