AN APPRAISAL OF THE EXERCISE OF DISCRETION WITHIN THE CRIMINAL JUSTICE PROCESS FROM ARREST TO SENTENCING IN NIGERIA
Abstract
The exercise of discretion within the criminal justice process in Nigeria plays a crucial role in
ensuring the fair and just administration of the law, from arrest to sentencing. This abstract
explores how discretion is exercised by various stakeholders, including law enforcement
officers, prosecutors, and judges, at different stages of the criminal justice process. It delves
into the legal and institutional framework guiding discretion, its benefits in allowing for
flexibility and individualized justice, and the potential pitfalls, such as the risk of bias,
corruption, and inconsistent application of the law. The appraisal examines how discretion
can be both a tool for achieving justice and a source of injustice, depending on how it is
applied. It also considers reforms aimed at mitigating the negative impacts of discretion while
enhancing its positive contributions to the criminal justice system in Nigeria. Through a
comprehensive analysis, this study seeks to provide insights into the challenges and
opportunities associated with the exercise of discretion within the criminal justice process in
Nigeria, from arrest to sentencing, offering recommendations for improving the balance
between fairness and justice.
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