Ex-NBA official seeks uniform sentencing guidelines for judges, magistrates

A former publicity secretary of the Nigerian Bar Association (NBA), Benin branch,  Douglas Ogbankwa, has called for a uniform sentencing guidelines for judges and magistrates to ensure fairness in courts

Ogbankwa made the call on Tuesday in Lagos in an interview with the News Agency of Nigeria .

He noted that judges, magistrates and all presiding judicial officers in Nigeria are vested with wide discretionary powers, that there is a need to create a uniform guideline on sentencing so as to streamline the exercise of this discretion.

”Every pronouncement by a presiding judge becomes law which must be obeyed, and this wide judicial powers with regard to sentencing should be guarded.

“The latitude and discretion given to my lords, their worships, and their honours, are too wide and sometimes unfettered. This could give room for abuse and perversion of justice

“There should be a uniform sentencing guideline issued to all judicial and presiding officers, which my lords, their worships, and their honours should subscribe to and apply to the letter,” he argued.

“The concept of sentencing is a creation of statute and case law, if the body of laws says you can give an option of fine, why should a presiding officer order otherwise?” He  reasoned.

Ogbankwa said the needless  imprisonment of citizens is one of the reasons Nigerian prisons are congested.

Ogbankwa said that the granting of bail by judicial officers requires more guidelines, saying it is often the most prone to abuse, as bail is no longer entirely at the discretion of the court.

“The Administration of Criminal Justice Act and Laws (ICJALs) of different states have indicated matters in which a judicial and presiding officer must grant bail.

“So, it is no longer a privilege to the defendant for such matters indicated in the Justice Act (ACJA) 2015 and Administration of Criminal Justice Laws (ACJLs), but a right for which they can seek redress if denied bail.

“To this end, to ensure that the law is followed in symmetry, guidelines should be issued stating all the offences and conditions therein for bail, which should follow the statute creating the offence,” he said.