Federal High Court (Corruption and Other Related Offences) Sentencing Guidelines And Practice Direction, 2015

1.

OBJECTIVE AND SCOPE

The objective of these Guidelines and Practice Direction is to set out the procedure for sentencing of corruption and related offences for the purposes of ensuring uniformity in sentencing in the Federal High Court.

1.

These Guidelines and Practice Direction shall apply to sentencing in all corruption and related offences in the Federal High Court of Nigeria.

1.

PROCEDURAL STEPS

Prior to the pronouncement of a sentence, the Judge shall determine whether the statute allows for exercise of sentencing discretion on the offence under consideration.

2.

Where the statute does not permit the exercise of any sentencing discretion, the Judge shall apply the punishment prescribed by the statute and proceed to the provisions of paragraphs 9, 10 and 11 of these Guidelines and Practice Direction.

3.

Where the statute permits the exercise of sentencing discretion, the Judge shall proceed to make an order after considering the provisions of paragraph 4 of these Guidelines and Practice Direction.

1.

In sentencing the convict, the Judge shall determine the categories of the offence in accordance with the level of culpability of the convict and the severity of harm caused by the offence, after considering the qualifying factors set out in these Guidelines and Practice Direction.

2.

The level of culpability of a convict shall be deemed to be of -