PUNISHMENT

The topic critically examines the enduring and controversial practice of the death penalty within Nigeria’s legal system. Though a feature of Nigerian law since the colonial era, its continued application stands in stark contrast to global abolitionist trends and poses significant questions regarding the sanctity of fundamental human rights enshrined in the 1999 Constitution (as amended). The study employs a doctrinal approach, analyzing relevant Nigerian statutes, key judicial pronouncements, particularly of the Supreme Court and pertinent international human rights instruments to which Nigeria is a party. The Human Rights Perspective critically assesses the death penalty's impact on the constitutional rights to life as provided in Section 331 and freedom from torture or inhuman and degrading treatment as provided in Section 342 . It highlights concerns surrounding the finality of the sentence in the face of flawed criminal justice processes, the persistent issue of wrongful convictions, and the ethical implications of the "death row phenomenon." The study subsequently investigates the Constitutional Challenges, focusing on two primary areas: the legality of the mandatory death sentence for certain offenses, which limits judicial discretion, and the constitutional validity of execution methods. It analyzes the evolving jurisprudence of Nigerian courts which, while largely upholding the constitutionality of the death penalty, have concurrently introduced judicial safeguards and stricter interpretations of due process. The research concludes that the practice of capital punishment, especially its mandatory nature and the lengthy delays preceding execution, is increasingly difficult to reconcile with the fundamental tenets of modern constitutional democracy and international human rights law. It recommends a legislative review to abolish mandatory sentencing and proposes a national moratorium as an essential step toward eventual abolition

This research study examines the legal framework governing the juvenile justice system which involves the trial and sentencing practices. It focuses on the comparison between the rehabilitation approach and the punishment approach to the juvenile justice, as well as its impact on young offenders and other children. It further examines whether the modern juvenile trial and sentencing practices tilts towards the rehabilitation approach to juvenile delinquency or not. The juvenile justice system seeks to protect, rehabilitate, and properly reintegrate young offenders into the society. This system includes all operating units- law enforcement, juvenile courts, and correctional centers, operating under specific laws and procedures that have been designed specifically for minors. The system is primarily governed by the Child Rights Act 2003 and also regulated by the Children and Young Persons Act in Nigeria. An overview of the juvenile justice system forms the foundation of the research study as a result of its necessity to the second ambit of the topic- ‘A Legal Analysis of Juvenile Trial and Sentencing Practices’. However, the body of this research study tends to focus more on the comparison between rehabilitation and punishment as well as the impact it has on young offenders and other children, which is particularly the composition of the first ambit of the topic. Accordingly, the work recommends for an enhanced implementation of the rehabilitative approach which obviously will not be beneficial only to the offender but to the society at large.