For a judgement of court to be valid it should be in writing and every such judgment shall contain the point(s) for determination, the decision and the reasons for the decision and shall be dated and signed by the Judge or Magistrate at the time of pronouncing it. Same judgement shall be delivered within ninety days after the conclusion of evidence and final addresses. See S.294 CFRN, S.275 ACJL Lagos, S.308 ACJA, Aigbe v. The State
Yes, there exists a time limit; Section 294(1) of Constitution of the Federal Republic of Nigeria 1999 provides that judgment shall be delivered within ninety days of the final addresses.
No, a judgement of court will only be set aside for non-compliance unless it is proven that a party suffered a miscarriage of justice occasioned by the non-compliance. See S.294(5) CFRN 1999, Shehu v The State (1982)
Generally, where the composition of the court has been altered by reason of absence or elevation of the judge, the trial ought to be halted and begin de novo before another judge, the exception however is when the trial judge or magistrate has tried the case and written the judgement but is prevented from delivering it by ill health or other unforeseen reason, another judge or magistrate may deliver the judgement. See S.281 ACJL Lagos, S.315 ACJA
Generally, a judgement of court must be delivered in writing (S.275 ACJL Lagos, S.308 ACJA) However a magistrate may record briefly in the book his decision or finding and his reason for the decision or finding, and then deliver an oral judgment. See S.308 (2) ACJA, The Queen v. Timothy Fadina (1958)*
Where multiple counts are involved, a judgment must be delivered for each count. Additionally, if the judgment results in a conviction, it must clearly state the offense for which the defendant is convicted and the legal provision under which the conviction and sentencing are made. See Yesufu v. The IGP (1960)*
A conviction is a finding of guilt, it is the end result of a trial after the evaluation of evidence with the court adjudging an accused to be guilty of a punishable offence. A conviction comes before passing of sentence. See Ushie v. The State (2012), Obiakor v. The State (2002)
No it will not,it will be sufficient where the records of court/appeal show that the trial judge found the accused guilty regardless of the fact the conviction was not stated expressly in the judgement. See Ejelikwu v State (1993) Where however the conviction can neither be seen or expressly implied from the judgement, the sentence and conviction would be declared a nullity. See Oyediran & Ors v The Republic (1966)
Generally, an accused will only be convicted for an offence which he is expressly charged with, S.36(6)(a) CFRN 1999. However several laws such as S.218 CPCL, S.171 ACJL Lagos, S.236 ACJA permits a court to convict an accused person for an offence not expressly charged with. See Nwachukwu v. The State (1986), Segun v. The State (2018)
In the case of Nwachukwu v. The State (1986) the court laid down the following conditions in satisfaction to the question above;
a)The indictment in respect of which the accused is subsequently convicted for a lesser offence must contain words to include both offenses
b)The evidence led and facts found though insufficient for conviction of offence charged must support the conviction for the lesser offence.
c)That it is not necessary to charge the accused with the lesser offence with which he is being convicted.
In such a situation, the accused is considered to have notice of the lesser offense, even if not specifically charged with it, as long as they were notified of the greater or aggravated offense. Therefore, it does not constitute a denial of fair hearing. Additionally, the parties do not need to be called to address the court before conviction. See Nwachukwu v. The State (1985)
Allocutus is a plea made by an accused person after conviction but before sentence is passed, stating why the judge should not pass sentence on him according to law. The purpose of Allocutus is to mitigate the punishment and is not a defence. See S.247 Criminal Procedure Law, S.277 ACJL Lagos, S.310 ACJA. In the North the accused may call witnesses to his character and the prosecution may debunk same.
A sentence is a formal pronouncement after conviction awarding a punishment. The sentence of a court is to be pronounced in open court and in the presence of the defendant. Koleosho v. FRN (2014)
Yes, a court exercises its discretion, and such discretion is exercised judicially and judiciously. See Ushie v. The State (2012). However, the discretion of court is limited to the minimum and mandatory sentence imposed by law; It can't impose a sentence exceeding the maximum and less than the minimum and imprisonment without option of fine. See Balogun v. AG Ogun State (2002), Yusuf v FRN (2017)
Yes, the court may pass sentence on the convict or adjourn to consider and determine the sentence and shall then announce the sentence in open court. Alternatively, instead of passing sentence, discharge the offender upon his entering into his own recognizance, with or without sureties and reserve judgement at some future sitting of the court. See S.311 ACJA, S.280 ACJL Lagos
A death sentence is pronounced as follows; "The sentence of this court upon you is that you will be hanged by the neck until you be dead and may the Lord have mercy on your soul" -S.301(2) ACJL Lagos, S.402(2) ACJA
Failure by the judge to comply with the form will not render the judgement a nullity although it is very desirable as such failure may raise an apprehension in the mind of the defendant that it could be carried out in another way. See Olowofoyeku v. The State (1984)
Yes, there are, the following class of individuals are exempted from the death sentence.
a. Pregnant Woman: The sentence of death shall not be passed on her but shall be substituted with a sentence of life imprisonment. See S.302 ACJL Lagos, S.404 ACJA, S.270 CPL
b. Children and Young Persons: An offender below the age of eighteen years who is guilty of a capital offense shan’t be sentenced to death but shall be detained at the discretion of the governor. See S.301(3) ACJL Lagos, S.405 ACJA, S.368(3) CPL
There are other sentencing alternatives such as;
a) Fines; These are monetary penalty imposed on a person convicted of an offence. See S.316(1) ACJL, S.420 ACJA
b) Caning/Flogging; This is provided for in the Criminal Procedure Law section 387, it gives the court the discretion to impose same. See also S.385,386 CPL and S.308(3)(5) CPL
c) Hadidi Lashing; Prescribed for only in *S.307 CPCL and in tandem with S.68(2) Penal Code.
d) Forfeiture; This is the loss of property as a penalty for a criminal offence. See S.19 Criminal Code, S.68 Penal Code
e) Restitution of Stolen Property; See S.342 ACJA, S.297(1) ACJL Lagos, S.270 (1) CPL
f) Deportation; The legal expulsion or removal from Nigeria of a person not being a citizen, to his country. See S.439 ACJA, S.371 ACJL, S.402 CPL
g) Committal to Render Community Service; Convict is to perform specific service in his community or place as the court may direct. S.460(1) ACJA, S.347 ACJL
h) Others are Binding Over Order, Conditional Discharge, Probation and Detention in a Reformatory etc.